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STATE FARM MUT. AUTO. INS. CO. v. VAN DYKE

247 A.D.2d 848 (1998)

668 N.Y.S.2d 821

State Farm Mutual Automobile Insurance Company, Appellant, v. James Van Dyke et al., Respondents

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

February 4, 1998

Judgment unanimously affirmed without costs.

Memorandum:

On March 31, 1995, a van operated by defendant James Van Dyke struck and injured defendants Lisa L. Shelton and Jeffrey R. Bell as they were walking down Butternut Street in the City of Syracuse. As a result of the incident, Van Dyke was charged with assault in the second degree (Penal Law § 120.05 [2]), and he ultimately pleaded guilty to vehicular assault in the second degree (Penal Law §...

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