Legal Opinion
Martinez v. OEL Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 2014PublishedCited by 1 opinion
1Opinion of the Court
Because the complaint’s negligence allegations could not survive except for the assault, those claims are deemed to have arisen from the assault and are thus subject to the assault and battery exclusion (see Mount Vernon Fire Ins. Co. v Creative Hous., 88 NY2d 347, 353 [1996]). The declaration pages of the policy clearly state that the policy was issued with a commercial general liability part and an endorsement called the “Assault and Battery Exclusion.” The fact that the policy was issued without a liquor liability coverage part creates no ambiguity or confusion in the form itself, which…
2Cases cited4 opinions
- Mount Vernon Fire Insurance v. Creative Housing Ltd.New York Court of Appeals · 1996
- Estee Lauder Inc. v. OneBeacon Insurance Group, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Lindgren v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Metalios v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by1 opinion
- Burlington Ins. Co. v. Tour Cent. Park, Inc.Appellate Division of the Supreme Court of the State of New York · 2021