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PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY v. RIGO

256 A.D.2d 769 (1998)

681 N.Y.S.2d 414

PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY, Respondent, v. STEPHEN F. RIGO, Appellant, et al., Defendants.

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

Decided December 10, 1998.

Graffeo, J.

On September 5, 1992, defendant and several acquaintances had been drinking at a bar in the City of Oneonta, Otsego County. Defendant climbed an exterior fire escape to the rooftop of a building and claimed that he "thought" he observed Jonathan Fish make an obscene gesture at him from the street below. After descending, defendant again saw Fish, approached him without warning and struck him in the jaw with...

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