Spaltabak v. Kemper Insurance , 92 A.D.2d 740 ( 1983 )

— Judgment insofar as appealed from unanimously affirmed, with costs, for the reasons stated in the memorandum decision at Trial Term, Wolfgang, J. (Appeal from judgment of Supreme Court, Erie County, Wolfgang, J. — declaratory judgment.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Moule, JJ.