Amherst & Clarence Insurance v. Cazenovia Tavern, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court with direction to dismiss the action as moot.

This action is for a declaration as to the obligation of the insurer to defend appellant in an underlying tort action. Nothing in the submissions of the parties suggests that the intervening settlement of the tort action has not rendered the issues in the declaratory judgment action moot.

Any agreement or understanding the parties may have reached not to disclose to our court the fact or circumstances of such…