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  5. 85 N.Y.2d 821 (1995)
 

U.S. UNDERWRITERS INS. CO. v. VAL-BLUE CORP.

85 N.Y.2d 821 (1995)

647 N.E.2d 1342

623 N.Y.S.2d 834

U.S. Underwriters Insurance Company, Appellant, v. Val-Blue Corp., Doing Business as Rascals, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 9, 1995.

Attorney(s) appearing for the Case

Thurm & Heller, New York City (Michael A. Miranda of counsel), for appellant.

James E. Neuman, New York City, and Warren S. Goodman for Val-Blue Corp., respondent.

Lysaght, Lysaght & Kramer, P. C., Lake Success (Raymond E. Kerno of counsel), for John J. Hanley, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a judgment entered declaring that appellant is not obligated to indemnify or defend respondent Val-Blue Corporation in the lawsuit brought against it by John Hanley.

Val-Blue employed Eugene DiSilvo, a retired New York City police officer, as a security guard in its nightclub. In the early morning hours of February 3, 1990, Hanley...

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