OPINION OF THE COURT

Order reversed, with costs, plaintiffs’ motion for summary judgment denied, cross motion of defendant New York Central *953 Mutual Fire Insurance Company for summary judgment granted and judgment granted declaring that defendant insurer has no obligation to defend or indemnify Christopher Buettner in the subject underlying action, for the reasons stated in the dissenting opinion by then-Justice Wesley at the Appellate Division (225 AD2d 294, 298-299).

Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Ciparick. Taking no part: Judge Wesley.