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MASSA v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY

508162.

74 A.D.3d 1661 (2010)

904 N.Y.S.2d 531

EDMOND MASSA et al., Respondents, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided June 24, 2010.

Garry, J.

In November 2006, plaintiff David Massa (hereinafter plaintiff), a college student, threw or pushed a 55-gallon oil drum out of the second story window of a fraternity house. The drum struck and injured another student, who commenced a personal injury action alleging that plaintiff was negligent. Plaintiff was also charged with assault in the second degree and pleaded guilty to disorderly conduct.

Plaintiff...

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