Della-Posta v. New York Casualty Co.

*771Nolan, P. J., Carswell and MacCrate, JJ., concur; Johnston and Wenzel, JJ., concur in the reversal of the judgment, but dissent as to the granting of a new trial, and vote to grant appellants’ motion for a directed verdict in their favor made at the close of the ease, and to direct judgment accordingly, with the following memorandum: In the statements of November 20,1945, and December 1, 1945, defendant’s insured denied giving his son express permission to drive the car. Defendant contends that those statements constituted lack of co-operation because they' were intentionally false in that…