Majority
p. 948Charlotte Lake River Associates et al., Plaintiffs, v American Insurance Company et al., Defendants. (And Two Third-Party Actions.) Building Systems Housing Corporation, Respondent, v Reliable Electronic Company et al., Defendants, and St. Paul Fire and Marine Insurance Company, Appellant. (And Three Other Actions.) (Appeal No. 3.)
Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with same memorandum as in Charlotte Lake Riv. Assocs. v American Ins. Co. [appeal No. 1], 130 AD2d 947 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Conway, J.—dismiss complaint.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.