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  5. 63 N.Y.2d 798 (1984)
 

ATL. CEMENT CO., INC. v. FID. & CAS. CO. OF NEW YORK

63 N.Y.2d 798 (1984)

Atlantic Cement Company, Inc., Respondent, v. Fidelity & Casualty Company of New York, Defendant, and Travelers Indemnity Company, Appellant.

Court of Appeals of the State of New York.

Decided October 9, 1984.

Attorney(s) appearing for the Case

Richard Bakalor and Robert E. Quirk for appellant.

Robert L. Tofel, David J. Rosen and David B. Newman for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

We agree, for the reasons stated in the opinion of Justice Fritz W. Alexander (91 A.D.2d 412), that the policy exclusion of "intentional harm" was inapplicable on the facts presented and that the Appellate Division properly directed a verdict in favor...

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