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Order unanimously reversed on the law without costs, motion denied, cross motion granted and judgment granted in accordance with same Memorandum as in Royal Indem. Co. v Miller ([appeal No. 1] 187 AD2d 956 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Declaratory Judgment.) Present — Callahan, J. P., Boomer, Pine, Boehm and Doerr, JJ.