PETERS v. STATE FARM FIRE AND CASUALTY COMPANY


306 A.D.2d 817 (2003)

762 N.Y.S.2d 738

RODNEY B. PETERS, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Respondent.

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

Decided June 13, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Memorandum:

Plaintiff sustained injuries when Curtis Johnson, Jr., struck him with a baseball bat. At the time of the incident, Johnson was insured under a homeowner's policy issued to his parents by defendant. Johnson pleaded guilty to assault in the third degree for causing physical injury to plaintiff by means of a dangerous instrument with criminal...

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