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RAYMOND KACZMAREK ET AL. v. EDGAR SHOFFSTALL (04/04/86)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1986.NY.44376 <http://www.versuslaw.com>; 500 N.Y.S.2d 902; 119 A.D.2d 1001 April 4, 1986 RAYMOND KACZMAREK ET AL., RESPONDENTS,v.EDGAR SHOFFSTALL, RESPONDENT; STATE FARM INSURANCE COMPANY, PROPOSED INTERVENOR-APPELLANT Appeal from amended order of Supreme Court, Erie County, Marshall, J. -- intervention. Dillon, P. J., Callahan, Doerr, Pine and Schnepp, JJ.


Appeal from amended order of Supreme Court, Erie County, Marshall, J. -- intervention.

Dillon, P. J., Callahan, Doerr, Pine and Schnepp, JJ.

Order unanimously affirmed, with costs. Memorandum: Special Term properly denied the motion of State Farm Insurance Company (defendant's insurer) to intervene in this action for personal injuries.

The action arose after defendant allegedly poured boiling water on plaintiff's back. Plaintiff sued for personal injuries, alleging separate causes of action for negligence and intentional tort. State Farm disclaimed coverage for liability on the cause of action for intentional tort, but, consistent with the terms of the homeowner's insurance contract with defendant, has provided him with counsel.

 State Farm moved to intervene as a party defendant pursuant to CPLR 1012 (intervention as of right) on the grounds that its interests will not be adequately represented on the trial of the main action and it will either be bound by the judgment or adversely affected by a judgment in the action. The order of Special Term denying the motion as a matter of ...


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