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LANG v. HANOVER INSURANCE COMPANY

49 A.D.3d 1068 (2008)

853 N.Y.S.2d 691

DAVID LANG, Appellant, v. HANOVER INSURANCE COMPANY, Respondent.

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

Decided March 20, 2008.

Carpinello, J.

Plaintiff was injured in the home of John Durbin and Elizabeth Durbin after being shot in the eye with a "paint ball" by Richard Bachman who, at that time, had been living there for several weeks.* Plaintiff thereafter obtained a default judgment against Bachman for which he now seeks to recover under the Durbins' homeowners insurance policy issued by defendant (see

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