Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Dillon, P.J., Doerr, Green, Pine and Balio, JJ.
Order unanimously reversed on the law without costs and defendant's motion for summary judgment granted, in accordance with the following memorandum: Special Term erred in granting plaintiffs motion and in denying defendant's cross motion for summary judgment. On this record, defendant has established its entitlement to summary judgment by conclusively demonstrating that the injuries plaintiff received resulted not from negligence but from an intentional assault (see, Allstate Ins. Co. v Riggio, 125 A.D.2d 515). As a result there was no coverage under the terms of defendant's policy and defendant was not obligated to provide plaintiff with written notice of disclaimer (Katz v Allstate Ins. Co., 96 A.D.2d 930, 931, lv denied 61 N.Y.2d 608; Spinosa v Hartford Fire Ins. Co., 90 A.D.2d 574, 575; see also, Zappone v Home Ins. Co., 55 N.Y.2d 131, 137; New York Cas. Ins. Co. v Ward, 139 A.D.2d 922).