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TANGNEY v. BURKE

21 A.D.3d 367 (2005)

800 N.Y.S.2d 44

NICHOLAS TANGNEY, Plaintiff, v. ANDREW J. BURKE, Defendant and Third-Party Plaintiff-Appellant. CHARTER OAK FIRE INSURANCE CO., Third-Party Defendant-Respondent.

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

August 1, 2005.

On May 9, 2001, in the course of a physical altercation between the plaintiff Nicholas Tangney, and the defendant third-party plaintiff, Andrew J. Burke, Tangney fell about 20 to 25 feet from a ledge and sustained injuries. The fight took place approximately one foot away from this ledge. Tangney commenced an action against Burke to recover damages for his injuries.

On February 25, 2002, Burke notified his parents' homeowner's insurer, the third-party defendant, Charter...

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