Lee v. Equitable Life Assurance Society of United States

Order affirmed, with ten dollars costs and disbursements, without considering the question of the right of the foreign administrator to be made a party to the action. (See Flandrow v. *960Hammond, 13 App. Div. 325, and cases therein cited.) All concurred, except Kruse, J., who dissented upon the ground that the answer cannot be stricken out ■on this motion.