Appellate Division of the Supreme Court of the State of New York December 26, 1985 (Colby v. St. Paul Fire & Marine Insurance)

—Mikoll, J.

Appeal from an order of the Supreme Court at Special Term (White, J.), entered May 20, 1985 in Essex County, which, inter alia, denied plaintiff’s cross motion for summary judgment and declared that defendant St. Paul Fire and Marine Insurance Company is not liable to plaintiff.

The basic facts of the underlying dispute are as follows.