—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Cayuga County, Corning, J. — Reargument.) Present — Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.
Elmer H. Peters et al., Appellants, v. Herbert Deppa, as Executor of Sherwood C. Peters, Deceased, Respondent
202 A.D.2d 962612 N.Y.S.2d 988
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