Cuda v. Utica Mutual Insurance

— Order affirmed, with costs to plaintiff, for the reasons stated in the memorandum decision at Special Term, Murphy, J. As to plaintiff’s cross appeal, we note that the interest penalty provided for in subdivision 1 of section 675 of the Insurance Law may not be assessed against other than the insurer. All concur, Simons, J., not participating. (Appeals from order of Supreme Court, Herkimer County, Murphy, J. — attorney’s fee.) Present — Dillon, P. J., Simons, Doerr, Boomer and Moule, JJ.