Assurance Company of America, Respondent, v. American and Foreign Insurance Company, Appellant, et al., Defendants

—Appeal from order and judgment insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order and judgment affirmed with costs. (Appeal from Order and Judgment of Supreme Court, Erie County, NeMoyer, J. — Reargument.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Gorski and Lawton, JJ.