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DYKSTRA v. PARTRIDGE

144 A.D.2d 337 (1988)

Scott Dykstra, Respondent, v. Lawrence Partridge, Appellant, et al., Defendants

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

November 7, 1988

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed as against the defendant Partridge.

On May 7, 1983, the plaintiff was injured when the defendant Partridge threw a bottle of beer at him in the parking lot of a Grand Union supermarket. After the bottle struck the plaintiff in the head, Partridge continued the assault by grabbing the plaintiff's hair as he lay injured and smashing his head on the pavement...

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