From Casetext: Smarter Legal Research

Manuszewski v. Merchants Mutual Insurance Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 16, 1977
60 A.D.2d 792 (N.Y. App. Div. 1977)

Opinion

December 16, 1977

Appeal from the Erie Supreme Court.

Present — Marsh, P.J., Cardamone, Dillon, Hancock, Jr., and Witmer, JJ.


Order unanimously affirmed, without costs. Memorandum: Under any interpretation the allegations of the complaint seeking damages against the plaintiff clearly come within the exclusion of the policy. There exists no factual basis or legal theory which may be developed at trial arising out of this incident that would obligate the defendant insurance company to pay and, therefore, there is no duty to defend (Lionel Freedman, Inc. v Glen Falls Ins. Co., 27 N.Y.2d 364; Vale v Yawarski, 79 Misc.2d 320; cf. International Paper Co. v Continental Cas. Co., 35 N.Y.2d 322, 325).


Summaries of

Manuszewski v. Merchants Mutual Insurance Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 16, 1977
60 A.D.2d 792 (N.Y. App. Div. 1977)
Case details for

Manuszewski v. Merchants Mutual Insurance Co.

Case Details

Full title:NORBERT MANUSZEWSKI, Doing Business as SUNNY SIDE GRILL, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 16, 1977

Citations

60 A.D.2d 792 (N.Y. App. Div. 1977)

Citing Cases

COUNTY OF MONROE v. TRAV INS

Having reached this conclusion the insurers' refusal to defend the County must be sustained. (See Contracting…

Cole's Restaurant, Inc. v. N. River Ins. Co.

rsonal injury actions allege that a patron of Cole's was served intoxicating liquor by Cole's employees,…