BATCHIE v. TRAVELERS INSURANCE COMPANY

Ordered that the cross appeal is dismissed, without costs or disbursements.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Travelers' cross appeal is dismissed for failure to perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.8, 670.20 [d]; Kapchan v. Kapchan, 104 A.D.2d 358).

Further, the plaintiffs are not entitled to partial summary judgment with respect to the issues of indemnity and negligence (see, Batchie v. Travelers Ins. Co., 130 A.D.2d 536 [decided herewith]). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.