AMHERST & CLARENCE INS. CO. v. CAZENOVIA TAVERN, INC.


59 N.Y.2d 983 (1983)

Amherst & Clarence Insurance Company et al., Respondents, v. Cazenovia Tavern, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 5, 1983.


Attorney(s) appearing for the Case

Stephen J. Ransford and William S. Andrews for appellant.

G. Robert McAllister for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court with direction to dismiss the action as moot.

This action is for a declaration as to the obligation of the insurer to defend appellant in an underlying tort action. Nothing in the submissions of the parties suggests that the intervening settlement of the tort action has not rendered the issues...

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