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NY CENT MUT INS v. KILMURRAY

181 A.D.2d 40 (1992)

New York Central Mutual Fire Insurance Company, Respondent, v. Michael Kilmurray et al., Defendants, and George J. Czapko, Jr., Appellant

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

June 25, 1992

Attorney(s) appearing for the Case

Brandt, Laughlin, Schaack, Whipple & Clark, P. C. (Richard F. Whipple, Jr., of counsel), for appellant.

Damon & Morey (Kevin A. Lane of counsel), for respondent.

YESAWICH JR., MERCURE and CREW III, JJ., concur with CASEY, J.; MIKOLL, J. P., concurs in a separate opinion.

CASEY, J.

Defendant Michael Kilmurray and his parents (hereinafter collectively referred to as the insureds) are the insureds under a homeowner's policy issued by plaintiff. As the result of an October 1988 altercation at The Caboose bar in Chautauqua County, defendant George J. Czapko, Jr. commenced a tort action against Kilmurray in January 1991. The summons and complaint were forwarded to plaintiff, and plaintiff...

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