Brown v. Fireman's Fund Insurance

*526OPINION OF THE COURT

Joseph D. Mintz, J.

Plaintiffs move for summary judgment in their action under Executive Law § 396 (16) and § 297 (9). Defendants cross-move for summary judgment. The facts are not in dispute.

On September 25, 1982, plaintiff Douglas Brown was arrested and charged with violation of Vehicle and Traffic Law § 1192 (2) and (3) and § 1120 (a). On May 12, 1983, after trial, plaintiff was convicted of violating Vehicle and Traffic Law § 1192 (1) and § 1120 (a). On July 7, 1983, as penalty for conviction under Vehicle and Traffic Law § 1192 (1), plaintiffs license was suspended…