Amherst & Clarence Insurance v. Cazenovia Tavern, Inc.

Appeal from an order of the Supreme Court at Special Term (Stone, J.), entered February 8, 1982 in Madison County, which denied plaintiffs’ motion for summary judgment. On April 4, 1979, Kenneth Gates was a passenger in an automobile owned and operated by one John Brown. Kenneth Gates was killed when Brown’s automobile was involved in an accident on Fenner Road in the Town of Cazenovia, New York. Thereafter, an action was commenced by the estate of Gates against Brown. That action *632was eventually settled and an action was then commenced by the estate of Gates against defendant Cazenovia Tavern…