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Full opinion text

Order modified by eliminating items 3 and 4 from the order of reference, and as so modified affirmed, without costs. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Cohn, JJ.; O’Malley and Untermyer, JJ., dissent and vote to reverse and dismiss the petition for the reasons stated in the dissenting opinion in Gerschon v. Travelers Insurance Co. (251 App. Div. 281).