PELKEY, JR. v. VIGER


289 A.D.2d 899 (2001)

735 N.Y.S.2d 231

BRUCE PELKEY, JR., Respondent, v. PHIL VIGER, Appellant.

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

Decided December 27, 2001.


Peters, J.

Plaintiff commenced this action to recover for injuries he sustained when he was struck by a bullet while hunting in the Town of Wilton, Saratoga County. The record reflects that plaintiff and his companions were separated into two groups. Plaintiff, Philip Viger, Jr. and Edward Dano were designated to drive the deer towards both defendant and his brother, Lucky Viger, who were positioned some distance ahead. At one point, plaintiff spotted three deer and...

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