Legal Opinion

McDonough v. Dryden Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 2000PublishedCited by 5 opinions

1Opinion of the CourtCarpinello, J.

Appeal from an order of the Supreme Court (Rose, J.), entered July 1, 1999 in Broome County, which granted defendant’s motion for partial summary judgment and declared that it is not obligated to indemnify plaintiffs in an underlying personal injury action.

This declaratory judgment action arises out of a motor vehicle accident which occurred on November 19, 1994 when Keith Conrade walked onto a highway and was struck by a motor vehicle after consuming alcoholic beverages at a tavern owned and operated by plaintiffs. Conrade and his wife thereafter commenced an action to recover damages for…

2Cases cited3 opinions

  1. Erdman v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
  2. Syvertsen v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  3. Westervelt v. Dryden Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by5 opinions

  1. Home Depot U.S.A., Inc. v. National Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  2. Westchester Fire Insurance v. Utica First InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. General Refractories Co. v. First State InsuranceDistrict Court, E.D. Pennsylvania · 2012
  4. Caruso v. Northeast Emergency Medical Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Geiger v. Hudson Excess Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2025

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