Order unanimously affirmed with costs for reasons stated in decision at Erie County Court, McCarthy, J. (Appeal from Order of Erie County Court, McCarthy, J.—Vacate Judgment.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.
Joseph A. Deck et al., Respondents, v. Louis Fumerelle et al., Defendants, and Merrimack Mutual Fire Insurance Co., Appellant
237 A.D.2d 984656 N.Y.S.2d 988
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