ORTIZ v. NEW YORK CITY TRANSIT AUTHORITY


267 A.D.2d 33 (1999)

699 N.Y.S.2d 370

VINCENT ORTIZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and THE TRAVELERS, Respondent.

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

Decided December 7, 1999.


The supplementary uninsured motorist clause in issue covers the named insured and "while residents of the same household, [the named insured's] spouse and * * * relatives". Even if the word "spouse" could be understood to include same-sex partners living together in a spousal-type relationship, plaintiff fails to raise an issue of fact as to whether such was the nature of his relationship with the named insured (cf., 390 W. End Assocs. v Wildfoerster,

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