HENRY v. RUSSILLO


61 A.D.2d 1039 (1978)

Robert Henry, Respondent, v. Richard W. Russillo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1978


Judgment affirmed, with costs.

The arbitrator found that the claimant-respondent crossed a road and was struck by a truck while he was "streaking", but that he "was not aware that he was fleeing apprehension" (see Insurance Law, § 672, subd. 2, par [c], cl [i]). That finding is supported by the evidence in the record. The running was not proof, per se, of a flight from apprehension, since an essential aspect of "streaking...

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