Judgment of the Supreme Court, Nassau County, entered November 10, 1969 after a nonjury trial upon agreed facts, modified, on the law, by (1) striking therefrom so much of the declaratory paragraph numbered "1" as provides that defendant Cosmopolitan Mutual Insurance Company is responsible for excess coverage and (2) substituting therefor a declaration to the effect that Cosmopolitan is not responsible for excess coverage. As so modified, judgment affirmed, without costs. An "other insurance" clause in the policy issued by Cosmopolitan states in pertinent part: "With respect to bodily injury to an insured while occupying an automobile not owned by the named insured [plaintiff Dottie Cohen] the insurance under Part IV [uninsured motorist coverage] shall apply only as excess insurance over any other similar insurance available to such insured and applicable to such automobile as primary insurance, and this insurance shall then apply only in the amount by which the limit of liability for this coverage exceeds the applicable limit of liability of such other insurance" (emphasis added). The applicable limits of liability in both Cosmopolitan's policy and other applicable policies were $10,000-$20,000. Thus, the applicable limits in Cosmopolitan's policy did not exceed the applicable limits of other insurance and excess coverage cannot be applied to Cosmopolitan's policy ( Matter of Globe Ind. Co. [ Baker], 22 A.D.2d 658). Munder, Acting P.J., Martuscello, Latham, Kleinfeld and Brennan, JJ., concur.