In view of the decision of this court in Matter of Anderson v. U. S. Fidelity & Guaranty Co. (238 App. Div. 48), handed down herewith, the order denying defendant’s motion to dismiss the complaint should be reversed and said motion granted, without costs.
Present — Finch, P. J., Merrell, O'Malley, Sherman and Townley, JJ.; Merrell, J., dissents and votes for affirmance.
Order reversed and motion granted, without costs.