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DI COSTANZO v. FIUMANO

17 A.D.2d 787 (1962)

John Di Costanzo, Respondent, v. Ferdinand J. Fiumano, Appellant

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

October 11, 1962

Judgment affirmed.

STEUER, J. (dissenting).

This case arose out of a hunting accident in Columbia County in December, 1958. Four men, including plaintiff and defendant, drove to the vicinity of Chatham, left their car and took to the fields. Before they started in pursuit of game, they all agreed on a modus operandi for their mutual protection. They were to proceed in a line, all abreast, with intervals of 20 feet between each hunter. Two...

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