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WILSON, JR. v. DICAPRIO

278 A.D.2d 25 (2000)

717 N.Y.S.2d 174

ROGER W. WILSON, Jr., Respondent-Appellant, v. LEONARDO DICAPRIO, Appellant-Respondent, et al., Defendants.

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

Decided December 7, 2000.

The court properly sustained that portion of the first cause of action alleging that defendant DiCaprio aided and abetted others in an assault and battery upon plaintiff. The assertions of a close relationship between DiCaprio and the other persons involved, DiCaprio's shout to the group, "We'll go kick his ass," and the immediate reaction of the other members of the group to follow and assault plaintiff were sufficient allegations...

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