Opinion
May 21, 1970
Appeal from the Onondaga Supreme Court.
Present — Del Vecchio, J.P., Witmer, Gabrielli and Henry, JJ.
Judgment and order unanimously modified on the law in accordance with the memorandum herein, and as so modified affirmed, with costs to respondent against Aetna Casualty Surety Company. Same memorandum as in Liggett v. Fahey ( 34 A.D.2d 886).