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LUMBERMEN'S MUTUAL CASUALTY COMPANY v. DEMAIO

259 A.D.2d 292 (1999)

686 N.Y.S.2d 395

LUMBERMEN'S MUTUAL CASUALTY COMPANY, Respondent, v. VINCENT DEMAIO, Appellant.

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

Decided March 4, 1999.

The motion court correctly concluded that the uninsured vehicle in question was not "in use" within the meaning of the uninsured motorist endorsement in the relevant policy (see, Lumbermen's Mut. Cas. Co. v Logan, 88 A.D.2d 971; Matter of Manhattan & Bronx Surface Tr. Operating Auth. [Gholson], 71 A.D.2d 1004, 1005; McConnell v Fireman's Fund Am. Ins. Co., 49...

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