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McDONALD v. COOK

252 A.D.2d 302 (1998)

681 N.Y.S.2d 900

Jacqueline H. McDonald, as Administrator of The Estate of Francis McDonald, Deceased, Appellant, v. Basil Cook et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

December 24, 1998

Attorney(s) appearing for the Case

Fischer, Bessette & Muldowney, L. L. P., Malone (James P. Bessette of counsel), for appellant.

Ryan, Orlando & Smallacombe, L. L. P., Albany (David T. Luntz of counsel), for respondents.

CARDONA, P. J., MERCURE, WHITE and GRAFFEO, JJ., concur.

SPAIN, J.

On May 24, 1993, third-party defendant, Darrell "Ducky" Barnes, allegedly shot and killed Francis McDonald (hereinafter decedent) at Barnes' home in the Town of Bombay, Franklin County; in a separate criminal proceeding Barnes was acquitted of all charges stemming from the death of decedent. The record reveals that prior to May 24, 1993 Barnes was employed as a security guard by defendant Mohawk Bingo...

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