State v. Acstar Insurance , 690 N.Y.S.2d 462 ( 1999 )

—Order and judgment unanimously affirmed without costs for the reasons stated in decision at Supreme Court, Mahoney, J. (Appeals from Order and Judgment of Supreme Court, Erie County, Mahoney, J. — Summary Judgment.) Present — Den-man, P. J., Green, Pine, Lawton and Hurlbutt, JJ.