Opinion
September 14, 2000.
Order, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about December 28, 1998, which granted the motion and cross motion of defendants-respondents for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Michael Doyle, for plaintiff-appellant.
Brian J. Isaac, William C. Kelly, for defendants-respondents.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Rubin, Andrias, JJ.
Plaintiff's challenge to the constitutionality of the marital exclusion set forth in Insurance Law § 3420(g) is without merit (see, Yankelevitz v. Royal Globe Ins. Co., 59 N.Y.2d 928). Nor, given the plain import of Insurance Law § 3420(g), do we perceive any basis for plaintiff's claim that it was the Legislature's intention that coverage be provided for interspousal liability. Additionally, any claim against the original broker is time-barred, and the broker that procured the current policy was under no duty to obtain such coverage (cf., Gorgone v. Regency Agency, Inc., 238 A.D.2d 265).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.