New York Court of Appeals April 27, 1976 (Allstate Insurance v. Dailey)

Order affirmed, with costs, on the opinion by Mr. Justice James D. Hopkins at the Appellate Division (47 AD2d 375), noting, however, that

Roehrich v Holt Motor Co.

(201 Minn 586) cited therein (47 AD2d 375, 377) has been overruled by

Fischer v Market Ford Sales

(225 NW2d 370 [Minn]).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.