Opinion
February 2, 1996
Appeal from the Supreme Court, Chautauqua County, Gerace, J.
Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs and judgment granted in accordance with the following Memorandum: Because plaintiffs sought declaratory relief, Supreme Court erred in failing to make a declaration when it awarded summary judgment to plaintiffs (see, Matter of Bozer v. Higgins, 204 A.D.2d 979, 980). Thus, we modify the judgment on appeal by granting judgment in favor of plaintiffs declaring that defendant is obligated to provide uninsured motorist coverage to plaintiffs under the terms and conditions of the policy of insurance issued by defendant to plaintiffs.