FIRST STATE INS. CO. v. J & S UNITED AMUSEMENT CORP.


67 N.Y.2d 1044 (1986)

First State Insurance Company, Appellant, v. J & S United Amusement Corp. et al., Defendants, and Angel Ocasio, an Infant, by Magdalia Ocasio, His Mother and Natural Guardian, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1986.


Attorney(s) appearing for the Case

Seymour H. Metnick and Roy Schuchman for appellant.

Aaron J. Broder and Robert F. Wood for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that court for its exercise of discretion as to retention or dismissal of this action.

In this declaratory judgment action First State Insurance Company seeks judgment that it is not obligated either to defend or indemnify J & S United Amusement with respect to a tort action brought against it for the injuries...

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