SUMMARY ORDER

The judgment of the district court is hereby vacated. The case is remanded to the district court for further proceedings in the light of the decision of the Court of Appeals of the State of New York. See Rosner v. Metropolitan Property and Liability Ins. Co., 96 N.Y.2d 475, 729 N.Y.S.2d 658, 754 N.E.2d 760 (2001).