Opinion
April 19, 1999
Appeal from the Supreme Court, Nassau County (Carter, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiffs homeowners' insurance policy issued by the defendant insurance carrier does not extend to the defense and/or indemnification of an action to recover damages sustained as a result of the willful or intentional acts committed by the plaintiff ( see, State Farm Fire Cas. Co. v. Torio, 250 A.D.2d 833; Allstate Ins. Co. v. Bostick, 228 A.D.2d 628; Hancock Prop. Cas. Ins. Co. v. Warmuth, 205 A.D.2d 587). Accordingly, since the underlying personal injury action seeks to recover damages for injuries sustained as a result of an alleged assault and battery and other intentional acts, the defendant was not obligated to defend and indemnify the plaintiff, and the instant complaint was properly dismissed.
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.