GEN. UTILITIES v. INTERBORO MUT. INDEM. INS

Order affirmed, insofar as appealed from, with costs.

Construing the policy strictly against the insurer (see, Breed v. Insurance Co., 46 N.Y.2d 351, 353), Special Term was correct in holding that the policy's exclusion from coverage of "liability assumed by the Insured under any contract or agreement" applies only to indemnification claims. Since no extrinsic evidence has been presented, summary judgment is appropriate (see, Fagnani v American Home Assur. Co., 64 N.Y.2d 967) and it was proper for Special Term to strike those affirmative defenses which raised the exclusion clause as a bar to plaintiff's claim. Lazer, J.P., Thompson, Rubin and Kunzeman, JJ., concur.