On October 11, 1984, in a candy store which he operated, the defendant Anthony DiStasio shot plaintiff Nadell Grayes using an unlicensed weapon. The incident occurred when Grayes became involved in an altercation with DiStasio.
Plaintiff commenced an action against defendants alleging, inter alia, negligence and intentional tort. The first cause of action of the amended complaint alleges that DiStasio acted
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