First State Insurance v. J & S United Amusement Corp.

—Order of the Supreme Court, New York County (Greenfield, J.), entered September 26, 1984, which denied defendants-appellants’ motion for summary judgment, is reversed, on the law, the motion for summary judgment is granted and the complaint is dismissed, with costs.

A declaratory judgment action was brought by the respondent insurance company to determine whether it was required to defend its insured, the appellants, in a personal injury action brought by the infant appellant and his mother. The infant was injured on June 1, 1979, at a street festival in New York City when he slipped and fell…