Transportation Insurance v. Pennington

—Judgment reversed on the law without costs, cross motions denied, motion granted and judgment granted in accordance with the same Memorandum as in Hartford Cas. Ins. Co. v Pennington (262 AD2d 1014 [decided herewith]).

All concur except Green, J. P., who dissents and votes to affirm in the same dissenting Memorandum as in Hartford Cas. Ins. Co. v Pennington (262 AD2d 1014 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Cos-grove, J. — Declaratory Judgment.) Present — Green, J. P., Law-ton, Wisner, Hurlbutt and Callahan, JJ.