NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. STEELY


29 A.D.3d 967 (2006)

815 N.Y.S.2d 724

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. WILLIAM STEELY et al., Respondents, et al., Defendant.

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

May 30, 2006.


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

The personal injury action underlying the instant dispute over insurance coverage arises from an incident in which the plaintiff's insured, the defendant William Steely, physically struck the defendant Garibaldi Masi as the two trained in a gymnasium. Steely maintained that his conduct was the result of a reflex reaction that was triggered when Masi assaulted him. Accordingly, the Supreme Court...

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