Opinion
Decided September 10, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Gerard E. Delaney, J.
Marian Philips for appellants.
John V. Henry for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 108 A.D.2d 845). ( See also, Dano v Royal Globe Ins. Co., 59 N.Y.2d 827; Hubbell v Trans World Life Ins. Co., 50 N.Y.2d 899. ) Insurance Law § 2601 does not require a different result.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.