Opinion
April 8, 1996
Appeal from the Supreme Court, Kings County (Hurowitz, J., Barasch, J.).
Ordered that the appeal from the order dated November 9, 1994, is dismissed, as that order was superseded by the amended order dated March 14, 1995; and it is further,
Ordered that the amended order dated March 14, 1995, is affirmed for reasons stated by Justice Hurowitz and Justice Barasch at the Supreme Court; and it is further,
Ordered that the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring the rights of the parties in accordance herewith ( see, Lanza v. Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901); and it is further,
Ordered that the respondent U.S. Capital Insurance Company is awarded one bill of costs. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.