
    J. Stephen Holt, Appellant, v. Fidelity Phoenix Fire Insurance Company of New York, Respondent.
    Argued April 16, 1948;
    decided May 20, 1948.
    
      
      Jack Goodman for appellant.
    
      Nelson B. Pirnie for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Thacher and Fuld, JJ. Dissenting: Desmond and Dye, JJ., on the ground that plaintiff was entitled to summary judgment and an assessment of damages.  