Mathieu v. Commercial Mutual Insurance

—Order, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about December 28, 1998, which granted the motion and cross motion of defendants-respondents for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs challenge to the constitutionality of the marital exclusion set forth in Insurance Law § 3420 (g) is without merit (see, Yankelevitz v Royal Globe Ins. Co., 59 NY2d 928). Nor, given the plain import of Insurance Law § 3420 (g), do we perceive any basis for plaintiffs claim that it was the Legislature’s intention that coverage be provided…