Appellate Division of the Supreme Court of the State of New York May 9, 1934 (Howe v. Mill Owners Mutual Fire Insurance)

Lewis, J.

The action is by the plaintiff, a mortgagee, to recover upon a windstorm insurance policy for loss sustained July 6, 1930, *337when a building was destroyed which was the subject of the risk. A motion by the defendant insurer to dismiss the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action has been denied at Special Term.