Opinion
April 25, 1996
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
We agree with the IAS Court that the exclusionary clause at issue herein more closely resembles that involved in Graphic Arts Mut. Ins. Co. v. Bakers Mut. Ins. Co. ( 45 N.Y.2d 551) than that in Commissioners of State Ins. Fund v. Insurance Co. ( 80 N.Y.2d 992), and that, accordingly, given an express reference therein only to the insured's obligation to indemnify, and no reference to contribution, the insurer is not relieved from its obligation to defend and indemnify against Dole claims for contribution ( Insurance Co. v. Dayton Tool Die Works, 57 N.Y.2d 489).
Concur — Sullivan, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.