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MATTER OF PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. VANDERPOOL

2010-11741.

85 A.D.3d 926 (2011)

924 N.Y.S.2d 583

2011 NY Slip Op 5284

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Appellant, v. WAYNE VANDERPOOL, Respondent, and UNITED SERVICES AUTOMOBILE ASSOCIATION et al., Additional Respondents.

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

Decided June 14, 2011.

Ordered that the order is affirmed, with costs.

On November 12, 2005, the respondent Wayne Vanderpool, a police officer, attempted to execute an arrest warrant on additional respondent Yvette Pullum at her home. Rather than submit to the arrest, Pullum got into her car and drove away. In the process, Pullum struck and injured Vanderpool with her vehicle. Pullum eventually pleaded guilty to assault in the second degree (see Penal Law § 120.05 [3]) with...

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