46 A.D.2d 958 | N.Y. App. Div. | 1974
Appeal from a judgment of the Supreme Court in favor of defendants, entered June 10, 1974 in Albany County, upon a decision of the court at a Trial Term, without a jury. This is an action for a declaratory judgment requesting a determination that plaintiff is not obligated to defend Howard Bush or Claris Bush in a negligence action commenced in July, 1973 by Steven Drahushuk against Howard Bush and Claris Bush. On July 22, 1972, defendant Claris Bush, while operating the automobile owned by her husband, Howard Bush, allegedly drove the automobile through a stop sign at an intersection causing the automobile operated by defendant Steven Drahushuk to go out of control causing Drahushuk serious injuries. There was no contact between the automobiles. The Bush automobile was insured for liability by