
    [687 NE2d 1328, 665 NYS2d 45]
    Paul Jerge et al., Respondents, v Christopher Buettner et al., Defendants, and New York Central Mutual Fire Insurance Company, Appellant.
    Argued September 11, 1997;
    decided October 16, 1997
    
      APPEARANCES OF COUNSEL
    
      Roy A. Mura, Buffalo, and Carolyn M. Henry for appellant.
    
      Flaherty & Shea, Buffalo (James P. Shea and William E. Carey of counsel), for respondents.
   OPINION OF THE COURT

Order reversed, with costs, plaintiffs’ motion for summary judgment denied, cross motion of defendant New York Central Mutual Fire Insurance Company for summary judgment granted and judgment granted declaring that defendant insurer has no obligation to defend or indemnify Christopher Buettner in the subject underlying action, for the reasons stated in the dissenting opinion by then-Justice Wesley at the Appellate Division (225 AD2d 294, 298-299).

Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Ciparick. Taking no part: Judge Wesley.  