DOYLE v. ALLSTATE INS. CO.


255 A.D.2d 795 (1998)

680 N.Y.S.2d 741

Joseph Doyle, Jr., Respondent-Appellant, v. Allstate Insurance Company, Appellant-Respondent

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

November 19, 1998


Peters, J.

During a "heated verbal discussion" between plaintiff and Virginia Doyle on August 6, 1992, plaintiff allegedly turned and suddenly pushed Doyle, causing her to lose her balance, fall backward and break her left wrist. After the parties were married, Doyle alleged that on both December 15, 1992 and March 2, 1993, "without any just cause or provocation", plaintiff "maliciously assaulted, beat, pushed, shoved and kicked [her]", and then either...

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