MATTER OF MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP

Order reversed, without costs, and matter remitted to Special Term for further proceedings in accordance with the opinion in Matter of Rosenbaum ( American Sur. Co. of N.Y.) ( 11 N.Y.2d 310), decided herewith. No opinion.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER. Judges DYE, FULD and FROESSEL dissent and vote to affirm upon the dissenting opinion in Matter of Rosenbaum ( American Sur. Co. of N.Y.) ( 11 N.Y.2d 310), decided herewith.