Opinion
June 27, 1974
Appeal from the Monroe Special Term.
Present — Moule, J.P., Cardamone, Simons, Mahoney and Del Vecchio, JJ.
Order affirmed, with costs. All concur, Moule, J. in the following memorandum: I not only feel constrained to vote to affirm because of our decision in Pasmear Inn, v. General Acc. Fire Life Assur. Corp., ( 44 A.D.2d 647) but also because here, unlike in Pasmear, plaintiff alleges that his claim was being processed and would be paid and, thus, raises a question of fact as to estoppel.