Opinion
December 2, 1971
Appeal from the Onondaga Special Term.
Present — Marsh, J.P., Witmer, Gabrielli, Moule and Cardamone, JJ.
Order unanimously reversed on the law and motion denied, without costs. Memorandum: Our determination in Carciofolo v. U.S. Fire Ins. Co., decided herewith ( 38 A.D.2d 672) requires a reversal of the order of Special Term granting plaintiff's motion for summary judgment.