Demakos v. Travelers Insurance

In an action, inter alia, for a judgment declaring the rights of the parties under a liability insurance policy, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Lane, J.), dated June 23, 1992, which granted the motion of the defendant insurer for a declaration that it had no duty to defend or indemnify the plaintiffs in an *732underlying negligence action and to dismiss the plaintiffs’ cause of action for damages.

Ordered that the order and the judgment is affirmed, with costs.

After being sued by a tenant for physical injuries caused by cigarette…