Aetna Casualty & Surety Co. v. Gigante
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: Margaret Springer, individually and as administratrix of the estate of Mark A. Howell, deceased, commenced a wrongful death action against defendant Michael Gigante. Gigante fatally stabbed Howell during an altercation at a stag party and was *976convicted of manslaughter in the second degree (Penal Law § 125.15 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). The complaint in the wrongful death action alleges that Howell’s death was the result of the "negligent use of a knife” and "the negligence,…
2Cases cited12 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Allstate Insurance v. ZukNew York Court of Appeals · 1991
- Argentina v. Otsego Mutual Fire InsuranceNew York Court of Appeals · 1995
- D'Aloia v. Travelers InsuranceNew York Court of Appeals · 1995
- In re the Liquidation of Nassau InsuranceNew York Court of Appeals · 1991
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