Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly denied the motion of plaintiff for summary judgment seeking a declaration that it is not obligated to defend or indemnify its insured, Mark Schukraft, in a personal injury action arising from an altercation on November 9, 1993. Plaintiff declined coverage based on Schukraft's conviction after trial of intentional assault in the third degree in connection with the incident. Insurance...
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