PEREZ-MENDEZ v. ROSELAND AMUSEMENT & DEVELOPMENT CORPORATION


305 A.D.2d 166 (2003)

757 N.Y.S.2d 848

FELICIANO PEREZ-MENDEZ et al., Plaintiffs, v. ROSELAND AMUSEMENT & DEVELOPMENT CORPORATION, Defendant. ROSELAND AMUSEMENT & DEVELOPMENT ASSOC., LLC, Third-Party Plaintiff-Appellant, v. INTERSTATE FIRE AND CASUALTY COMPANY, Third-Party Defendant-Respondent.

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

Decided May 8, 2003.


The subject declaration was properly made upon a complaint alleging that plaintiff was "shot, assaulted, battered and attacked," and a policy containing a broad exclusion for claims arising out of an assault and battery. It does not avail appellant that issues of fact exist as to exactly how plaintiff was injured. The injury sought to be compensated was allegedly caused by an assault or battery without which plaintiff would have no cause of action. The possible lack of intent...

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