Show Car Speed Shop, Inc. v. United States Fidelity and Guaranty Co.

Order reversed on the law without costs, motion denied, cross claims reinstated and cross motion granted. Same Memorandum as in Show Car Speed Shop v United States Fid. & Guar. Co. (192 AD2d 1063 [decided herewith]). All concur except Balio and Fallon, JJ., who dissent and vote to affirm in the same dissenting Memorandum as in Show Car Speed Shop v United States Fid. & Guar. Co. (192 AD2d 1063,1065 [decided herewith]). (Appeal from Order of Supreme Court, Seneca County, Falvey, J. — Summary Judgment.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.