CLAYBURN v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY


58 A.D.3d 990 (2009)

871 N.Y.S.2d 487

ROBERT T. CLAYBURN, Respondent, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

January 15, 2009.


Kane, J.

As plaintiff and his brother, Mark Clayburn, were walking down the street past Robert Tamsett, Clayburn and Tamsett exchanged unkind words. Tamsett began to follow the brothers, continuing the verbal argument with Clayburn. While some of the details surrounding the incident are in dispute—namely who initiated each aspect of physical contact—it is undisputed that Tamsett pushed Clayburn to the ground. Tamsett and plaintiff then became physically...

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