New York Mutual Underwriters v. O'Connor

Appeal from that part of an order of the Supreme Court at Special Term (Kuhnen, J.), entered December 19, 1983 in Broome County, which partially granted the motion of defendants John J. O’Connor and Lynn A. O’Connor for summary judgment.

On August 27, 1982, a summons and complaint on behalf of Rosanne D. Barina was served on John J. and Lynn A. O’Con-nor. Two causes of action were alleged: the first based on the “Dram Shop Act” (General Obligations Law, § 11-101) and the second on common-law negligence. The O’Connors promptly forwarded the suit papers to their business insurance carrier, New…