Opinion
April 14, 1993
Appeal from the Supreme Court, Seneca County, Falvey, J.
Present — Denman, P.J., Green, Balio, Fallon and Boehm, JJ.
Order reversed on the law without costs, motion denied, cross claims reinstated and cross motion granted. Same Memorandum as in Show Car Speed Shop v United States Fid. Guar. Co. ( 192 A.D.2d 1063 [decided herewith]). All concur except Balio and Fallon, JJ., who dissent and vote to affirm in the same dissenting Memorandum as in Show Car Speed Shop v United States Fid. Guar. Co. ( 192 A.D.2d 1063, 1065 [decided herewith]).