ATL. CEMENT v. FIDELITY


91 A.D.2d 412 (1983)

Atlantic Cement Company, Inc., Appellant, v. Fidelity & Casualty Company of New York et al., Respondents

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

February 22, 1983


Attorney(s) appearing for the Case

Robert L. Tofel of counsel (Paula B. Fenton with him on the brief; Fine, Tofel, Saxl, Berelson & Barandes, P. C., attorneys), for appellant.

Robert E. Quirk of counsel (Richard H. Bakalor with him on the brief; Quirk & Bakalor, P. C., attorneys), for Travelers Indemnity Company, respondent.

Harvey A. Hyman of counsel (Marshal N. Birnbaum on the brief; Barry, McTiernan & Moore, attorneys), for Fidelity & Casualty Company of New York, respondent.

MURPHY, P. J., KUPFERMAN and BLOOM, JJ., concur.


ALEXANDER, J.

Atlantic Cement Company, Inc. (Atlantic) appeals from a judgment dismissing its complaint against the defendants, the Fidelity & Casualty Company of New York (Fidelity) and the Travelers Indemnity Company (Travelers), entered December 1, 1981, upon a jury verdict finding that Atlantic intentionally caused harm to the abutting landowners and thus was excluded from coverage under the Fidelity...

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