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MORRIS v. ALLSTATE INSURANCE COMPANY

261 A.D.2d 457 (1999)

690 N.Y.S.2d 102

WILLIAM MORRIS, Appellant, v. ALLSTATE INSURANCE COMPANY et al., Respondents.

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

Decided May 10, 1999.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

On September 2, 1995, Nathaniel Hester was a passenger in a vehicle owned by Richard Ingegneri and driven by Matthew Ingegneri. Upon seeing the plaintiff riding his bicycle alongside the highway, Nathaniel Hester leaned out of the moving vehicle, placed his hands on the plaintiff's back, and shoved the plaintiff from his bicycle, causing the plaintiff to fall and

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