PRICE v. NATIONAL SURETY COMPANY

Order of Appellate Division reversed and motion for summary judgment granted, with costs in all courts on dissenting opinion of PROSKAUER, J., below; question certified answered in the affirmative.

Concur: POUND, CRANE, ANDREWS, LEHMAN and O'BRIEN, JJ. Dissenting: CARDOZO, Ch. J., and KELLOGG, J.