Opinion
Argued June 3, 2010.
decided July 1, 2010.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 24, 2009. The Appellate Division (1) affirmed so much of an order of the Supreme Court, Kings County (Lawrence S. Knipel, J.), as had granted a cross motion by defendant for summary judgment dismissing the action, and (2) remitted the matter to Supreme Court, Kings County, for entry of a judgment declaring that defendant was not obligated to defend and indemnify plaintiff in an underlying personal injury action pending in Supreme Court, New York County.
Kohl v American Tr. Ins. Co., 59 AD3d 681, affirmed.
David Katz Associates, LLP, New York City ( Salvatore J. Sciangula of counsel), for appellant.
Marjorie E. Bornes, New York City, for respondent.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
MEMORANDUM .
The order of the Appellate Division should be affirmed with costs.
Kristopher Kohl, a passenger in a taxicab, was sued by a bicyclist who claimed that he was injured when Kohl opened the taxi's door. The Appellate Division correctly held that Kohl was not insured under the taxi owner's policy of automobile liability insurance. The policy says that it "shall inure to the benefit of any person legally operating" the insured vehicle in the business of the insured. The word "operating" cannot be stretched to include a passenger's riding in the car or opening the door.
Order affirmed, with costs, in a memorandum.