Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents on the ground that a prima facie case was established, based upon proof that the condition precedent was waived.
Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents on the ground that a prima facie case was established, based upon proof that the condition precedent was waived.