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2010 NY Int. 136

This opinion is uncorrected and subject to revision before publication in the Official Reports.

2010 NY Slip Op 05707

Decided on July 1, 2010

No. 134

Kristopher Kohl, Appellant,


American Transit Insurance Company, Respondent.

Salvatore J. Sciangula, for appellant.

Marjorie E. Bornes, for respondent.


The order of the Appellate Division should be affirmed with costs.

Kristopher Kohl, a passenger in a taxicab, was sued by a bicyclist who claimed that he was injured when Kohl opened the taxi's door. The Appellate Division correctly held that Kohl was not insured under the taxi owner's policy of automobile liability insurance. The policy says that it "shall inure to the benefit of any person legally operating" the insured vehicle in the business of the insured. The word "operating" cannot be stretched to include a passenger's riding in the car or opening the door.

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Order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided July 1, 2010