Opinion
February 2, 1984
Order, Supreme Court, New York County (Alvin Klein, J.), entered July 8, 1983, denying plaintiff's motion for summary judgment and for a stay of the pending trial of the underlying personal injury action, affirmed, with costs. We do not construe the previous opinion of this court in Horney v Tisyl Taxi Corp. ( 93 A.D.2d 291) as excluding the possibility that the evidence on the retrial might support a finding of liability on the basis of a negligently inflicted injury within the coverage of the insurance policy.
Concur — Murphy, P.J., Sandler, Sullivan, Carro and Asch, JJ.