513 N.Y.S.2d 114, 505 N.E.2d 624

In the Matter of UNITED COMMUNITY INSURANCE COMPANY, Appellant, v. SHIRLEY MUCATEL, Respondent.

Court of Appeals of the State of New York.Argued January 14, 1987
Decided February 10, 1987

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Ira Gammerman, J.

Page 778

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 779

Lewis I. Wolf for appellant.

Lawrence S. Cushner for respondent.

Order affirmed, with costs, for the reasons stated in the opinion of Justice Ira Gammerman at Special Term (127 Misc.2d 1045). Question certified not answered as unnecessary.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.