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ALLSTATE INS. CO. v. MUGAVERO

79 N.Y.2d 153 (1992)

Allstate Insurance Company, Appellant, v. Edward Mugavero et al., Respondents.

Court of Appeals of the State of New York.

Decided February 20, 1992.

Attorney(s) appearing for the Case

Joseph L. Forstadt and Mitchell C. Shapiro for appellant.

Mitchell Gittin for Edward Mugavero and another, respondents.

Ira M. Hariton and Robert J. Zysk for Ellen B. and others, respondents.

Peter G. Eikenberry and Jeffrey Anne Tatum, of the California bar, admitted pro hac vice, for American Insurance Association and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS and KAYE concur with Judge HANCOCK, JR.; Judges ALEXANDER, TITONE and BELLACOSA dissent and vote to affirm in a memorandum.

HANCOCK, JR., J.

Defendant Edward Mugavero has been sued for the physical and emotional injuries sustained by a six-year-old girl and a nine-year-old boy upon whom he committed acts of sodomy and sexual abuse while the children were in the care of his wife as baby-sitter. His wife, defendant Ann Mugavero, has been sued for her negligence in permitting these acts. The Mugaveros have demanded that their homeowner...

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