# Baldinger v. Consolidated Mutual Insurance

> Appellate Division of the Supreme Court of the State of New York · December 18, 1961 · 15 A.D.2d 526

URL: https://www.frixlaw.com/law-library/cases/5734334

## Case

- **Full name:** Barbara J. Baldinger, by Her Guardian ad Litem, Stanley Baldinger v. Consolidated Mutual Insurance Company
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 18, 1961
- **Citations:** 15 A.D.2d 526; 222 N.Y.S.2d 736; 1961 N.Y. App. Div. LEXIS 7088
- **Precedential status:** Published
- **Opinion:** Dissent by Ughetta
- **Judges:** Ughetta
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5734334

## Opinion text

Ughetta, J.,
dissents and votes to reverse the order and judgment in favor of plaintiffs, and to grant summary judgment in favor of defendant, with the following memorandum: Under its insurance contract the defendant *527 is not liable for injury “ caused intentionally ”. The unprovoked assault was deliberate. In fact, intention was an integral element of the original action for assault in which plaintiffs recovered judgment against the defendant’s insured (cf. Brodsky v. Rieser, 195 App. Div. 557, 558 ; McGovern v. Weis, 265 App. Div. 367, 370 ). That the assailant did not anticipate the extent of the injury which would be caused by his forceful act or that he did not foresee the consequences of his act does not change the inherent nature of assault as an intentional act. Clearly, the exclusion provision applies to any injury caused by any intentional act.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5734334. Public record. Not legal advice.