Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The evidence presented a question of fact which should have been submitted to the jury as to whether defendant had waived the right to require fulfillment of the reinstatement procedure provided in the policy (see 30 N. Y. Jur., Insurance, § 848). Furthermore, it was error to foreclose examination of a witness...
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