Daly v. National Civil Service Endowment Ass'n

*165Memorandum'

Judgment and order unanimously

reversed on the law, with ten dollars costs to plaintiffs, and motion for summary judgment denied. Farrell v. National Civil Service Endowment Assn. (199 App. Div. 191) simply determined that without license the defendant could not legally bind itself to pay benefits to persons not engaged in a hazardous occupation. Nothing there decided justifies a conclusion that the certificates of membership issued by defendant contain the whole contract of defendant with the holders of such certificates. Of necessity the certificates are but part of the contract.…