Opinion
December 29, 1993
Appeal from the Supreme Court, Onondaga County, Reagan, J.
Present — Pine, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and judgment granted in accordance with the following Memorandum: Supreme Court should have granted judgment in favor of defendant. Although Supreme Court failed to rule on defendant's cross motion, it is deemed denied (see, Brown v U.S. Vanadium Corp., 198 A.D.2d 863). We reverse the order insofar as appealed from, therefore, and grant judgment declaring that the policy of automobile liability insurance issued to defendant's insured, Ivanora Rurka, does not cover the vehicle operated by her son. That vehicle was available for the regular use of the son of the named insured and it was not used by the named insured or her spouse; thus, policy exclusion B (3) (b) in Part A applies. We find plaintiff's arguments to be without merit.