Farmers Fire Insurance Company v. Carl Brighton

[142 A.D.2d 547 Page 547] In an action for a judgment declaring that the plaintiff Farmers Fire Insurance Company (hereinafter Farmers) is not obligated
to defend or indemnify the defendant Carl Brighton, doing business as Rivers Edge Tavern, with respect to an action based
on the Dram Shop Act (General Obligations Law § 11-101) commenced against the defendant Brighton by the defendants Huffnagle,
the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Orange County (Green, J.), dated August
10, 1987, which (1) denied its motion for summary judgment and, upon searching the record, granted summary judgment in favor
of the defendants, and (2) declared that the plaintiff "is required to defend and indemnify defendant, Carl Brighton, d/b/a
Rivers Edge Tavern, in the action commenced by defendant Huffnagle, individually and as mother and natural guardian of Jason
Huffnagle, against Carl Brighton, d/b/a Rivers Edge Tavern, in the Supreme Court, Orange County, to the limits of the insurance
policy issued by it to the defendant, Brighton, which was in effect on the date of the accident".