Leo v. New York Central Mutual Fire Insurance

Plaintiff commenced this action seeking, inter alia, a declaration that defendant must indemnify him in an underlying personal injury action, Sciortino v Leo. The complaint in the underlying action seeks damages for the wrongful death and conscious pain and suffering of Anthony J. Sciortino (decedent), who was killed in a violent altercation with plaintiff. The administrator of decedent’s estate alleges that the injuries to decedent were caused by plaintiff’s *1334intentional, reckless, or negligent conduct. Plaintiff was charged with manslaughter in the second degree (Penal Law § 125.15 [1]) as a…