Appeal from an order of the Supreme Court which granted summary judgment to the plaintiff, and from the judgment entered thereon. This appeal presents substantially the same situation as Capitol Refrigeration Co. v. Massachusetts Bonding <& Ins. Co. (19 A D 2d 667) and summary judgment was properly granted. Judgment and order unanimously affirmed, with costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.