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SMITH v. NEW YORK CENTRAL MUT. FIRE INS. CO.

13 A.D.3d 686 (2004)

785 N.Y.S.2d 776

KEVIN P. SMITH, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant. (And a Third-Party Action.)

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

December 2, 2004.

Spain, J.

It is undisputed that at about 10:00 p.m. on July 23, 1999, plaintiff, angered that the vehicle he was driving had been struck by eggs thrown by unknown persons from a park in the City of Binghamton, Broome County, drove to his parents' nearby home where he resided, retrieved a wooden baseball bat and returned to the park. Upon seeing three individuals whom he believed were responsible, he pursued them and they fled. Plaintiff quickly caught up to one of...

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