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Max Price, Appellant, v. National Surety Company, Respondent
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.