HOTCHKISS, J.:
The issues in this case are identical with those in Sciaballa v. Illinois Surety Co. ( 166 App. Div. 677), decided herewith, and the decision herein should follow the decision in that case.
INGRAHAM, P.J., and LAUGHLIN, J., concurred; McLAUGHLIN and DOWLING, JJ., dissented.
Judgment reversed, with costs, and judgment ordered for plaintiff as directed in opinion. Order to be settled on notice.