Town of German Flats v. Aetna Casualty & Surety Co.

—Judgment unanimously reversed on the law without costs, cross motion denied, motion granted and counterclaim dismissed. Same Memorandum as in Town of German Flats v Aetna Cas. & Sur. Co. ([appeal No. 1] 174 AD2d 1003 [decided herewith]). (Appeal from Judgment of Supreme Court, Herkimer County, Bergin, J.—Summary Judgment.) Present—Callahan, J. P., Denman, Balio, Lawton and Lowery, JJ.