Opinion
Decided December 20, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELI WAGER, J.
Leland Stuart Beck for appellant.
John W. Hoefling for Merchants Mutual Insurance Company, respondent.
Michael E. Tockman and Jay A. Marshall for Hicksville Motors, Ltd., respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 97 A.D.2d 396).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.