Judgment of the City Court of Yonkers unanimously affirmed, with costs. The incontestability clause survived the death of the assured. ( Mutual Life Ins. Co. v. Hurni Packing Co., 263 U.S. 167.) Compliance by defendant with the Insurance Law would have avoided the question. There was no proof of a contest.
See Insurance Law, § 101, subd. 2, added by Laws of 1909, chap. 301, as amd. by Laws of 1921, chap. 407, and re-enacted by Laws of 1922, chap. 275; since amd. by Laws of 1923, chap. 28. — [REP.