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BEHRENS v. CITY OF NEW YORK

279 A.D.2d 407 (2001)

720 N.Y.S.2d 64

FRANCIS T. BEHRENS et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. (And a Third-Party Action.) GENERAL TRACK CORPORATION, Fourth-Party Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Fourth-Party Defendant-Respondent.

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

Decided January 25, 2001.

Having demonstrated that endorsement MS#7 expressly bars coverage for liability stemming from the injury sustained by fourth-party plaintiff General Track Corporation's employee in the course of his employment, fourth-party defendant insurer National Union was properly found to be under no obligation to defend or indemnify General Track with respect to the claim of that employee. The kind of exclusion here at issue is enforceable under New York law (see, Commissioners...

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