—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Ontario County, Harvey, J.— Reargument.) Present — Denman, P. J., Green, Wesley, Balio and Boehm, JJ.
—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Ontario County, Harvey, J.— Reargument.) Present — Denman, P. J., Green, Wesley, Balio and Boehm, JJ.