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AVILES v. DRYDEN MUTUAL INSURANCE COMPANY

278 A.D.2d 829 (2000)

718 N.Y.S.2d 529

EVELYN AVILES, Respondent, v. DRYDEN MUTUAL INSURANCE COMPANY, Appellant, and 938 SCY LIMITED, Doing Business as FRIENDS & PLAYERS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted judgment in favor of plaintiff declaring that Dryden Mutual Insurance Company (defendant) is obligated to defend and indemnify defendant 938 SCY Limited, doing business as Friends & Players (SCY), in the underlying personal injury action commenced by plaintiff against SCY. "On a bench trial, the decision of the fact-finding court should not be disturbed upon appeal...

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