Opinion
2003-01850.
Decided March 29, 2004.
In an action for a judgment declaring, inter alia, that the plaintiff is not obligated to defend and indemnify the defendant Allied Central Ambulance Service, Inc., in an underlying action entitled Begum v. Allied Central Ambulette Service, pending in the Supreme Court, Kings County, under Index No. 17003/98, the defendant Allied Central Ambulance Service, Inc., appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Rosenberg, J.), dated December 10, 2002, which granted the plaintiff's motion for summary judgment and declared that the plaintiff is not obligated to defend and indemnify it.
Goldstein Goldstein, P.C., Brooklyn, N.Y. (Mark I. Goldstein of counsel), for appellant.
Lawrence N. Rogak, LLC, Oceanside, N.Y. (Renee A. Breitner of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
Contrary to the appellant's contentions, the Supreme Court correctly declared that the plaintiff insurer is not obligated to defend and indemnify it for injuries caused by the alleged negligence of its ambulette attendant, in causing or permitting a wheelchair-bound patient to fall down a flight of stairs inside her home since the accident was not related to the use of the appellant's ambulette ( see Elite Ambulette Corp., v. All City Ins. Co., 293 A.D.2d 643).
The appellant's remaining contentions are without merit.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.