Opinion
Decided July 10, 1990
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Norman A. Mordue, J.
James D. Gauthier for appellant.
Thomas P. Givas for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed. We agree with the Appellate Division that "[w]here, as here, the policy is ambiguous, and no extrinsic evidence [was] offered from which the jury could conclude that the policy should be interpreted in favor of the insurer, [the direction of] a verdict in favor of the insured [was warranted]" (Tri Town Antlers Found. v Fireman's Fund Ins. Co., 158 A.D.2d 908, 909; see, Hartford Acc. Indem. Co. v Wesolowski, 33 N.Y.2d 169, 172; City of Albany v Standard Acc. Ins. Co., 7 N.Y.2d 422, 430).
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.