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McCARTHY v. MOTOR VEHICLE ACC. IND.

16 A.D.2d 35 (1962)

Annie L. McCarthy, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 22, 1962.

Attorney(s) appearing for the Case

Bond, Schoeneck & King (John C. Kinney and Leslie H. Deming of counsel), for appellant.

Costello, Cooney & Fearon (Vincent A. O'Neil of counsel), for respondent.

WILLIAMS, P. J., McCLUSKY and HENRY, JJ., concur with HALPERN, J.; GOLDMAN, J., dissents and votes to affirm in opinion.

HALPERN, J.

The question here presented is this: May the Motor Vehicle Accident Indemnification Corporation be held liable, under its uninsured motorist indorsement, for injuries caused by an assault and battery committed by an insured motorist, where the insurance company covering the automobile was absolved from liability upon the ground that the assault and battery was not an accident within the meaning of...

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