Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: Lehman, Ch. J., Loughran, Desmond and Thacher, JJ. Lewis and Conway, JJ., dissent on the ground that the plaintiff who was serving a life sentence was “ civilly dead ” and did not have the legal capacity to sue. (Penal Law, § 511; Matter of Pallas, 291 N. Y. 692; Matter of Lindewall, 287 N. Y. 347; Green v. State of New York, 278 N. Y. 15; Avery v. Everett, 110 N. Y. 317.) Taking no part: Dye, J.