On the authority of Hook v. Michigan Mut. Life Ins. Co. (44 Misc. Rep. 478; affd., 139 App. Div. 922) the determination and judgment appealed from are reversed and the complaint dismissed, with costs to the appellant in all courts. Present— Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. Determination and judgment reversed and complaint dismissed, with costs to appellant in all courts.