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CARP v. MARCUS

121 A.D.2d 774 (1986)

Lawrence H. Carp, Appellant, v. Stanley T. Marcus, Defendant, and Sharon Marcus, as Administratrix of The Estate of Patricia A. Marcus, Deceased, Respondent

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

June 5, 1986

Mahoney, P. J.

Plaintiff alleges in this action that he was stabbed by Patricia Ann Marcus (hereinafter defendant), who is now deceased. The amended complaint sets forth two causes of action for assault.* Defendant answered these causes of action with a general denial. Plaintiff moved for summary judgment on each of the causes of action. The motions were denied and these appeals ensued.

Plaintiff contends that since...

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