(dissenting). We dissent and vote to affirm the order. The defense of ultra vires is available to the insurer and not to a third party. (Coulson v. Flynn, 181 N. Y. 62.)
■ Grabber and Bliss, JJ., concur with Hill, P. J.; Heffernaet and Sohexok, JJ., dissent in memorandum.
•Judgment and order reversed on the law, with twenty-five dollars costs and disbursements.: [See post, p. 926.]