AETNA CAS. & SUR. CO. v. SHULER


72 A.D.2d 591 (1979)

Aetna Casualty & Surety Company, Appellant-Respondent, v. Robert Shuler, Individually and Doing Business as Gwen Way Rest. Corp., Respondent-Appellant, and Joyce Thomas, Respondent

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

October 29, 1979


Defendant Shuler has apparently abandoned his cross appeal. On the appeal by plaintiff, judgment modified, on the law, by deleting therefrom paragraphs "4" and "6" and substituting therefor the following declarations: "4. That with respect to the defendant Gwen Way Rest. Corp., the occurrence at the Gwen Way bar described in paragraph `Eleventh' of the Thomas complaint, plaintiff's exhibit 3, in evidence, constitutes, if so proven, an intentional tort beyond the coverage...

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