Opinion
December 16, 1991
Appeal from the Supreme Court, Nassau County (Di Noto, J.).
Ordered that the judgment is affirmed, with costs.
As the underlying incident did not arise out of negligence in the use or operation of a motor vehicle pursuant to Vehicle and Traffic Law § 388 (see, Olin v Moore, 178 A.D.2d 517 [decided herewith]), the United Services Automobile Association is neither required to defend nor to indemnify Richard Salerno, to whom it issued an automobile liability insurance policy (see, United Servs. Auto. Assn. v Aetna Cas. Sur. Co., 75 A.D.2d 1022; Horney v Tisyl Taxi Corp., 93 A.D.2d 291, 293). Lawrence, J.P., Balletta, O'Brien and Ritter, JJ., concur.