DEMAREST v. BAILEY


246 A.D.2d 772 (1998)

668 N.Y.S.2d 722

Jason M. Demarest, Respondent-Appellant, v. Daniel E. Bailey et al., Appellants-Respondents, and Kathryn K. Tilley et al., Respondents

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

January 15, 1998


Crew III, J.

On October 16, 1993, plaintiff was injured when he was struck in the face with a bottle while attending a "keg" party hosted by defendant Daniel E. Bailey. As a consequence, plaintiff commenced this personal injury action against Bailey, his mother, defendant Kathryn K. Tilley (hereinafter Tilley), her husband, defendant John T. Tilley, and the alleged assailant, defendant Michael J. Babcock. Following joinder of issue and discovery, Babcock...

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