UNITED SERVICES AUTOMOBILE ASS'N v. OLIN

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.