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MANUSZEWSKI v. MERCHS. MUT. INS. CO.

60 A.D.2d 792 (1977)

Norbert Manuszewski, Doing Business as Sunny Side Grill, Appellant, v. Merchants Mutual Insurance Company, Respondent

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

December 16, 1977

Order unanimously affirmed, without costs.

Memorandum:

Under any interpretation the allegations of the complaint seeking damages against the plaintiff clearly come within the exclusion of the policy. There exists no factual basis or legal theory which may be developed at trial arising out of this incident that would obligate the defendant insurance company to pay and, therefore, there is no duty to defend (Lionel Freedman, Inc. v Glen Falls Ins. Co.

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