Opinion
February 2, 1990
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Dillon, P.J., Callahan, Boomer, Pine and Balio, JJ.
Judgment unanimously affirmed with costs. Memorandum: Supreme Court correctly concluded that a 12-foot-by-31-foot barge is a "watercraft" and that the general contractor's claim for damages against plaintiff arose out of plaintiff's use of a watercraft. Consequently, the allegations of the complaint fall squarely within a policy exclusion and the insurer has no duty to defend or indemnify plaintiff (see, Technicon Elecs. Corp. v American Home Assur. Co., 74 N.Y.2d 66, rearg denied 74 N.Y.2d 893).