MUMUNI v. EAGLE INSURANCE COMPANY

The accident occurred on December 31, 1988 at 9:00 A.M. Defendant-respondent's policy with the insured expired as of 12:01 A.M. on December 31, 1988; defendant-appellant's policy with the insured was effective "from 12/31/88 midnight to 12/31/89 midnight". We agree with the IAS Court that the word "midnight" is ambiguous, and that the ambiguity should be construed against defendant-appellant so as to provide coverage as of the termination of defendant-respondent's policy at 12:01 A.M. ( see, Leatherby Ins. Co. v. Villafana, 82 Misc.2d 144).

Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.