State v. Aetna Casualty & Surety Co.

Appeal from an order and judgment of the Supremo Court, entered December 13, 1972 and February 7, 1973, respectively, in Albany County, which granted defendant’s motion to dismiss the action on the merits and declared defendant’s disclaimer of coverage proper. The facts are not in dispute and come to us as an agreed statement pursuant to stipulation. Defendant, Aetna Casualty and 'Surety Company, had issued a policy of owners, landlords and tenants insurance to plaintiff, State of New York, and others for property commonly referred to as the “South Mall” and said policy was in effect when, on…