Opinion
April 11, 1996
Appeal from the Supreme Court, Suffolk County (Lawrence Newmark, J.).
Since the bank's drive-through window was a permissible "operation" under the lease, and since drive-through customers must utilize driving space outside the bank building itself when approaching the window, an accident "arising out of" the "use" of that outside space would be covered by the insurance policy naming plaintiff-landlord as an additional insured. However, the record does not indicate how far the site of the accident was from the drive-through window or where the car was actually located when the skidding began. Under these circumstances, it cannot be said as a matter of law that the accident arose out of the use of the bank's facilities.
We have considered plaintiffs' remaining contention and find it to be without merit.
Concur — Milonas, J.P., Wallach, Kupferman, Ross and Williams, JJ.