HENDERSON v. AETNA CAS. & SUR. CO.


55 N.Y.2d 947 (1982)

Lawrence Henderson, Doing Business as Village Tavern, Appellant, v. Aetna Casualty and Surety Company, Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1982.


Attorney(s) appearing for the Case

Duncan S. Mac Affer for appellant.

Randall J. Ezick and Dianne Bresee Mayberger for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff cites no provision of the fire insurance policy to call upon Aetna to indemnify or defend him against suit or claim, including, of course, one in the nature of Rezey's counterclaim. The liability policy, also issued to plaintiff by Aetna, is not at issue as plaintiff did not assert any rights under it in his complaint.

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