Opinion
Argued January 11, 1972
Decided February 10, 1972
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, NORMAN A. STILLER, J.
Lowell Grosse for appellants.
Sheldon Hurwitz and Charles D. Brown for respondents.
Order affirmed, with costs, on the opinion at the Appellate Division ( 36 A.D.2d 445). As that court recognized, the applicable principle is that stated in Davis v. De Frank ( 27 N.Y.2d 924, affg. 33 A.D.2d 236): the "no liability" clause in a garage liability policy of the type here involved does not provide coverage to an insured driver.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.