ALLSTATE INSURANCE COMPANY v. DAILEY

Order affirmed, with costs, on the opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division ( 47 A.D.2d 375), noting, however, that Roehrich v Holt Motor Co. ( 201 Minn. 586) cited therein ( 47 A.D.2d 375, 377) has been overruled by Fischer v Market Ford Sales ( 225 N.W.2d 370 [Minn]).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.