Majority
p. 888Assurance Company of America, Respondent, v American and Foreign Insurance Company, Appellant, et al., Defendants. (Appeal No. 2.) [732 NYS2d 195]
—Appeal from order and judgment insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983 , 984) and order and judgment affirmed with costs. (Appeal from Order and Judgment of Supreme Court, Erie County, NeMoyer, J. — Reargument.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Gorski and Lawton, JJ.