Opinion
July 12, 1996
Appeal from the Supreme Court, Erie County, Howe, J.
Present — DENMAN, P.J., PINE, CALLAHAN, BALIO and DAVIS, JJ.
Order reversed, on the law, without costs, and cross motion denied in accordance with same opinion by Denman, P.J., as in Hartford Ins. Co. v Halt ( 223 A.D.2d 204 [decided herewith]). All concur except Callahan, J., who dissents and votes to affirm in the same dissenting opinion as in Hartford Ins. Co. v Halt ( 223 A.D.2d 204, 215 [decided herewith]).