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SENECA INSURANCE COMPANY, INC. v. NAPRAWA

294 A.D.2d 183 (2002)

742 N.Y.S.2d 232

SENECA INSURANCE COMPANY, INC., Respondent, v. JEFFREY NAPRAWA et al., Appellants, and 985 FIFTH AVENUE COMPANY et al., Respondents, et al., Defendants.

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

Decided May 14, 2002.

In the underlying action, Jeffrey Naprawa alleges that a building employee committed civil assault and battery by beating him with a pipe after forcefully removing him from the subject building. He seeks to hold the building defendant insureds vicariously liable for their employee's intentional torts and also asserts a common-law negligence claim against the building defendants directly.

Issues of fact precluding summary...

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