Opinion
January 25, 1999.
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the order and judgment is affirmed, with costs. The defendant Aetna Life Casualty Company (hereinafter Aetna) submitted sufficient evidence in admissible form to establish that the injuries suffered by the plaintiff were not caused by an "occurrence" as that term is defined in the homeowners insurance policy issued by Aetna, and the plaintiff failed to raise an issue of fact with respect thereto ( see, Massachusetts Bay Ins. Co. v. National Sur. Corp., 215 A.D.2d 456). Accordingly, Aetna is entitled to summary judgment dismissing the complaint insofar as asserted against it, and is not obligated to defend and indemnify the defendant Nicholas Austine in the action entitled Diviney v. 118-07 Realty Corp. (supra), pending in the Supreme Court, Queens County, under Index No. 009117-93.
Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.