Opinion
Argued March 23, 1976
Decided April 27, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD RUBENFELD, J.
Richard Bakalor, Samuel F. Simone and Robert E. Quirk for appellant.
Joseph Maria and Rocco Conte for Allstate Insurance Company, respondent.
Anthony J. Loscalzo for Frank Dailey, respondent.
Order affirmed, with costs, on the opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division ( 47 A.D.2d 375), noting, however, that Roehrich v Holt Motor Co. ( 201 Minn. 586) cited therein ( 47 A.D.2d 375, 377) has been overruled by Fischer v Market Ford Sales ( 225 N.W.2d 370 [Minn]).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.