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BECK v. EASTERN MUTUAL INSURANCE COMPANY

295 A.D.2d 740 (2002)

744 N.Y.S.2d 57

MICHAEL BECK et al., Respondents-Appellants, v. EASTERN MUTUAL INSURANCE COMPANY, Appellant-Respondent.

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

Decided June 13, 2002.

Lahtinen, J.

A patron of a bar owned and operated by plaintiffs* was injured when he was assaulted by plaintiffs' off-duty employee. The patron sued plaintiffs in 1993, alleging causes of action for assault, dram shop liability and negligent hiring and/or supervision. When defendant refused plaintiffs' demand to defend and indemnify them in the underlying tort action, a declaratory judgment...

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