Order affirmed, with ten dollars costs and disbursements. All concur, except Crosby, J., who dissents and votes for reversal on the law and for granting the motion. (The order denies a motion to dismiss the complaint in an action by building contractor of mortgagor against mortgagee to recover money received under fire insurance policy.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.