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FAILLA v. AMODEO

225 A.D.2d 965 (1996)

639 N.Y.S.2d 586

Robert Failla et al., Respondents-Appellants, v. Albert L. Amodeo, Appellant-Respondent

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

March 21, 1996

Crew III, J.

This action arises out of a hunting accident that occurred in May 1991. On the day in question, plaintiff Robert Failla and a friend were turkey hunting in a wooded area located in the Town of Fallsburg, Sullivan County. Unbeknownst to Failla, defendant was hunting in the same area. Failla spotted a turkey and discharged his weapon striking defendant, who was located in the woods directly across from Failla. Defendant then discharged his...

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