Opinion
March 17, 1992
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
The evidence adduced at trial supports the finding that the vehicle involved in the accident was being used to carry persons for a fee, an occurrence clearly within the exclusionary clause relied on by third-party defendant (see, Government Employees Ins. Co. v Kligler, 42 N.Y.2d 863). The "public or livery conveyance" exclusion herein differs from the "limited, special use" to which such an exclusion would not apply (compare, American Fid. Fire Ins. Co. v Pardo, 32 A.D.2d 536, 537).
Concur — Milonas, J.P., Wallach, Kassal and Rubin, JJ.