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FAILLA v. NATIONWIDE INSURANCE COMPANY

267 A.D.2d 860 (1999)

701 N.Y.S.2d 161

ROBERT FAILLA et al., Respondents, v. NATIONWIDE INSURANCE COMPANY et al., Appellants, and ALBERT L. AMODEO, Respondent.

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

Decided December 23, 1999.

Crew III, J.

On May 27, 1991, plaintiff Robert Failla and defendant Albert L. Amodeo each were hunting turkeys in the Town of Fallsburg, Sullivan County. While tracking a turkey, Failla discharged his weapon, striking Amodeo in the back. Amodeo then turned and fired three rounds in the direction of the shot, striking Failla. As a result of this incident, Amodeo pleaded guilty in August 1991 to the reduced charge of reckless endangerment in the second degree.

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