Citations

Full opinion text

—Order reversed, on the law, without costs, and cross motion denied in accordance with same opinion by Denman, P. J., as in Hartford Ins. Co. v Halt (223 AD2d 204 [decided herewith]). All concur except Callahan, J., who dissents and votes to affirm in the same dissenting opinion as in Hartford Ins. Co. v Halt (223 AD2d 204, 215 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Howe, J. — Attorney’s Fees.) Present—Denman, P. J., Pine, Callahan, Balio and Davis, JJ.