Exchange Insurance v. Pond

Casey, J. P.

Appeal from an order of the Supreme Court (Dier, J.), entered January 28, 1991 in Warren County, which denied plaintiff’s motion for summary judgment.

Plaintiff seeks a declaratory judgment on the issue of defendant Robert M. Pond’s permission to use a truck owned by plaintiff’s insured which was involved in a collision with a bicycle being ridden by an infant, defendant Scott M. Genier. At the time of the accident, the truck was being used for the purposes of the insured’s trash-hauling business. According to the examinations before trial of Pond and the insured, Pond was employed…