DYKES v. VALENTINO


147 A.D.2d 525 (1989)

Augustus Dykes, Appellant, v. Daniel Valentino, Respondent

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

February 14, 1989


Ordered that the orders are affirmed, with one bill of costs.

This action arises from a violent dispute which erupted between the parties, both off-duty police officers, on June 28, 1978, wherein the defendant allegedly punched, kicked and threw the plaintiff to the ground before shooting him once with a revolver. Contrary to the plaintiff's contention, we find no improvident exercise of discretion by the court in granting leave to the defendant to amend his answer...

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