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YANKELEVITZ v. ROYAL GLOBE INS. CO.

88 A.D.2d 934 (1982)

Samuel Yankelevitz, Respondent, v. Royal Globe Insurance Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 7, 1982

Judgment reversed, on the law, without costs or disbursements, and it is declared that the defendants are not required to defend or indemnify plaintiff in the pending third-party action.

Subdivision 3 of section 167 of the Insurance Law is constitutional (see Crilley v Allstate Ins. Co., 15 N.Y.2d 821, 822-823; Matter of Higby v Mahoney, 48 N.Y.2d 15, 18-19; Lauer v Claffey

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