Opinion
Argued March 22, 1985
Decided April 23, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, W. Denis Donovan, J.
James R. McCarl for appellant.
Bernard J. Sommers and H.W. Bernstein for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Leon D. Lazer ( 103 A.D.2d 60).
We add that Prudential's argument based upon Warner Hardware Co. v Allstate Ins. Co. ( 309 Minn. 529, 245 N.W.2d 223) that the risk involved is a general business risk covered by Utica's policy rather than an automobile risk covered by its policy having been first raised in this court has not been considered by us ( see, Telaro v Telaro, 25 N.Y.2d 433, 438). Moreover, on the facts of this case the "complete operation" rule declared in Wagman v American Fid. Cas. Co. ( 304 N.Y. 490, 494) is without consequence, the injuries on which the underlying action is predicated having arisen out of and resulted from negligence in the loading of the vehicle insured by Prudential ( see, Cosmopolitan Mut. Ins. Co. v Baltimore Ohio R.R. Co., 18 A.D.2d 460; Employers Mut. Liab. Ins. Co. v Aetna Cas. Sur. Co., 7 A.D.2d 853, lv denied 6 N.Y.2d 705).
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order affirmed, with costs, in a memorandum.