Opinion
June 7, 1991
Appeal from the Supreme Court, Herkimer County, Bergin, J.
Present — Callahan, J.P., Denman, Balio, Lawton and Lowery, JJ.
Judgment unanimously reversed on the law without costs, cross motion denied, motion granted and counterclaim dismissed. Same Memorandum as in Town of German Flats v Aetna Cas. Sur. Co. ([appeal No. 1] 174 A.D.2d 1003 [decided herewith]).