County of Broome v. Travelers Indemnity Co.

The order of the Appellate Division should be reversed and the order of Special Term should be reinstated,1 the county having failed to produce evidentiary proof sufficient to require a trial on the issue of care, custody or control within the meaning of the policy exclusion.

The fallacy in the reasoning of the Appellate Division, adopted by the majority, is in its conclusion, on the law, that the written agreement between the county and the sponsors of the bridal show limited the county’s security obligation to the day of the performance. The agreement required the sponsors to reimburse the…