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MELITO v. ROMANO

160 A.D.2d 1081 (1990)

Fred Melito, Jr., Respondent, v. Robert L. Romano, Defendant and Third-Party Plaintiff-Respondent. Aetna Casualty and Surety Company, Third-Party Defendant-Appellant

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

April 5, 1990

Levine, J.

The instant action arises out of an altercation between plaintiff and defendant/third-party plaintiff (hereinafter defendant) on August 1, 1986 on United States Route 9 in the Town of Phillipstown, Putnam County. Defendant was driving his automobile when he approached a construction site near the highway. Plaintiff was a flag man at the site and apparently signaled defendant to stop. An argument between plaintiff and defendant ensued, which...

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