Beaudin v. Aetna Casualty & Surety Co.

Appeal from an order of the Supreme Court at Special Term, entered November 23, 1976 in Franklin County, which granted a motion by defendants for summary judgment, and from the judgment entered thereon. On September 8, 1975, plaintiff, an excavation contractor, commenced the instant action against defendants for a judgment declaring that defendants are obligated to defend him in a pending action brought against him by George J. and Bernice C. Milljour and must indemnify him for any adverse judgment in said action. Based upon allegations that in September of 1974 plaintiff negligently…