Majority
p. 799Tina L. Borrelli et al., Appellants, v Travelers Insurance Company of North America, Respondent, et al., Defendant. (Appeal No. 3.) [710 NYS2d 292]
Order unanimously reversed on the law without costs and judgment reinstated. Same Memorandum as in Charter Oak Fire Ins. Co. v Borrelli ([appeal No. 1] 273 AD2d 797 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Fisher, J. — Vacate Judgment.) Present — Pigott, Jr., P. J., Pine, Hayes and Lawton, JJ.