New York Court of Appeals, 1964

Cosmopolitan Mutual Insurance v. Trapier

New York Court of Appeals · Decided October 15, 1964

15 N.Y.2d 503; 202 N.E.2d 558; 254 N.Y.S.2d 111; 1964 N.Y. LEXIS 894

Cases that cite this one

2 later published cases cite this decision.

Kaczmarek v. Shoffstall (Appellate Division of the Supreme Court of New York 1986)
Argonaut Insurance v. Occidental Petroleum Corp. (New York Supreme Court 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order affirmed, with costs, and certified question answered in the affirmative. A judgment for plaintiffs in the negligence action, sought here to be stayed, will not preclude plaintiff insurer in this action from attempting to prove that the liability, if any, of James Trapier is not within, the policy coverage because the occurrence was in reality an intentional assault (Exchange Mut. Ins. Co. v. Blazey, 19 A D 2d 682, mot. for lv. to app. den. 13 N Y 2d 601; see Prashker v. United States Guar. Co., 1 N Y 2d 584).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Wan Vookhis, Burke, Scileppi and Bergan.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.