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VAN NORDEN v. KLITERNICK

181 A.D.2d 535 (1992)

Gwendolyn O. Van Norden et al., Plaintiffs, v. Stephen P. Kliternick et al., Defendants Snappy Car Rental, Third-Party Plaintiff-Appellant, v. Wausau Insurance Companies, Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

March 17, 1992

The evidence adduced at trial supports the finding that the vehicle involved in the accident was being used to carry persons for a fee, an occurrence clearly within the exclusionary clause relied on by third-party defendant (see, Government Employees Ins. Co. v Kligler, 42 N.Y.2d 863). The "public or livery conveyance" exclusion herein differs from the "limited, special use" to which...

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