New York Mutual Underwriters v. Cavallaro

Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff, defendants’ liability insurer, appeals from Special Term’s determination in a declaratory judgment action that plaintiff must indemnify and provide a defense to defendants with respect to the third cause of action in a personal injury action commenced against them by Pastrick, a police officer. Defendants Cavallaro and McCarty are operators of Glen Way Tavern. Pastrick was injured in an altercation with two patrons of the tavern in an adjoining parking…