Perez-Mendez v. Roseland Amusement & Development Corp.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered March 15, 2002, which, in an action for personal injuries sustained in an alleged shooting on defendant amusement park’s premises and a third-party action by the amusement park against its insurer for a declaration of coverage, granted the insurer’s motion for summary judgment declaring that it is not obligated to defend or indemnify the amusement park, unanimously affirmed, without costs.

The subject declaration was properly made upon a complaint alleging that plaintiff was “shot, assaulted, battered and attacked,” and a…