Charlotte Lake River Associates v. American Insurance , 130 A.D.2d 948 ( 1987 )

unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with same memorandum as in Charlotte Lake Riv. Assocs. v American Ins. Co. [appeal No. 1], 130 AD2d 947 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Conway, J.—dismiss complaint.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.