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TRAVELERS PROP CAS v. WEINER

174 Misc.2d 831 (1997)

666 N.Y.S.2d 392

Travelers Property Casualty, Formerly Known as Standard Fire Insurance Company, Plaintiff, v. Chad J. Weiner et al., Defendants.

Supreme Court, Tompkins County.

November 14, 1997

Attorney(s) appearing for the Case

Costello Cooney & Fearon, L. L. P., Syracuse (Daniel P. Fletcher of counsel), for plaintiff. Kramer & Kenyon, Binghamton (Mark A. Kenyon of counsel), for Chad J. Weiner, defendant. Cherundolo Bottar & McGowan, P. C., Syracuse (Anthony S. Bottar of counsel), for James M. Fauth, defendant.

WALTER J. RELIHAN, JR., J.

The plaintiff, Travelers Property Casualty, brings an action for a declaratory judgment seeking to be relieved of any duty to defend or indemnify Chad Weiner in an action brought against him for assault and battery. The injury occurred on the night of May 10-11, 1993 as the result of a brawl.

On February 3, 1994, James Fauth, the victim, brought a personal injury action against...

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