Judgment ana order affirmed, without costs of this appeal to either party. (See Steitg v. City of Beacon, 295 N. Y. 51, and Jennejohn v. City of Rochester, 283 App. Div. 847.) All concur. (Appeal from a judgment and order dismissing the complaint in an action to recover damages caused by fire to plaintiff’s property.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.