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COSMOPOLITAN MUT. INS. CO. v. TRAPIER

15 N.Y.2d 503 (1964)

Cosmopolitan Mutual Insurance Company, Appellant, v. James Trapier et al., Defendants, and Roosevelt Jackson et al., Respondents.

Court of Appeals of the State of New York.

Decided October 15, 1964.

Attorney(s) appearing for the Case

Abraham Shapiro, Emanuel Morgenbesser and Lester Samuels for appellant.

Noel W. Hauser for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order affirmed, with costs, and certified question answered in the affirmative. A judgment for plaintiffs in the negligence action, sought here to be stayed, will not preclude plaintiff insurer in this action from attempting to prove that the liability, if any, of James Trapier is not within the policy coverage because the occurrence was in reality an intentional assault (Exchange Mut. Ins. Co. v. Blazey, 19 A.D.2d 682, mot. for...

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