Assurance Co. of America v. American & Foreign Insurance , 732 N.Y.S.2d 195 ( 2001 )

—Appeal from order and judgment insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order and judgment affirmed with costs. (Appeal from Order and Judgment of Supreme Court, Erie County, NeMoyer, J. — Reargument.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Gorski and Lawton, JJ.