Opinion
February 15, 1996
Appeal from the Supreme Court, Bronx County (Anne Targum, J.).
In this action for personal injuries, Seneca's employee, who was plaintiff's home attendant, was merely a passenger in the ambulette in which plaintiff was being transported, and was therefore not "using" the vehicle within the meaning of the exception to limited liability, for jointly liable defendants contained in CPLR 1602 (6).
Concur — Murphy, P.J., Wallach, Ross, Nardelli and Tom, JJ.