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SCAGNELLI v. PAVONE

178 A.D.2d 590 (1991)

Michael Scagnelli, by His Father and Natural Guardian, Louis Scagnelli, Appellant, v. Edward Pavone et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

December 23, 1991

Ordered that the order is affirmed insofar as appealed from, with costs.

The instant action arises from an alleged assault. The complaint, which is inartfully drawn, alleges that the infant plaintiff was involved in a fight with the infant defendant on May 12, 1987, while the two were attending classes at the Karafin School in Mount Kisco. It is further alleged that the infant defendant did "wantonly and maliciously punch...

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