
    Frank Pitula, Respondent, v. Andrew Bobek, Appellant.
   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.  