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UNITED SERVS. AUTO. ASS'N v. OLIN

178 A.D.2d 528 (1991)

United Services Automobile Association, Respondent, v. Patricia Olin et al., Defendants, and Mary C. Holdener, as Administratrix of The Estate of Keith Holdener, Deceased, Appellant

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

December 16, 1991

Ordered that the judgment is affirmed, with costs.

As the underlying incident did not arise out of negligence in the use or operation of a motor vehicle pursuant to Vehicle and Traffic Law § 388 (see, Olin v Moore, 178 A.D.2d 517 [decided herewith]), the United Services Automobile Association is neither required to defend nor to indemnify Richard Salerno, to whom it issued an automobile liability insurance policy...

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