PROGRESSIVE NORTHERN INSURANCE COMPANY v. RAFFERTY


17 A.D.3d 888 (2005)

793 N.Y.S.2d 618

PROGRESSIVE NORTHERN INSURANCE COMPANY, Respondent, v. JOHN RAFFERTY et al., Appellants.

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

April 21, 2005.


Carpinello, J.

The following facts are undisputed. On the evening of March 5, 2002, defendant John Rafferty, plaintiff's insured, and defendant Robert Carman were fighting outside, adjacent to Rafferty's car. The car itself was parked a mere two feet in front of a garage. In an attempt to extricate himself from the situation, Rafferty got into his car. Carman, in turn, placed himself between the garage door and the car while his friend blocked Rafferty's car from...

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