Travelers Insurance v. Kownack

Appeal from an order of the Supreme Court at Special Term, entered January 24, 1979 in Albany County which denied plaintiff's motion for summary judgment. In this action for declaratory judgment pursuant to CPLR 3001, plaintiff moved at Special Term for summary judgment declaring that, under the terms of a homeowners’ insurance policy which it had issued to defendants, it was not required to defend against or pay a claim for property damage which had been asserted against defendants by one Alice Mothon. The underlying Mothon claim is grounded upon injuries allegedly sustained by Mothon’s…