BRAUNSDORF v. HAYWOOD


295 A.D.2d 731 (2002)

743 N.Y.S.2d 623

WAYNE R. BRAUNSDORF et al., Respondents-Appellants, v. CHARLES J. HAYWOOD, Appellant-Respondent.

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

Decided June 13, 2002.


Rose, J.

While turkey hunting, plaintiff Wayne R. Braunsdorf was injured when he was shot by defendant, another turkey hunter. Defendant was charged with a felony in connection with the incident, and he pleaded guilty to a reduced charge of reckless endangerment in the second degree in exchange for a sentence that did not include imprisonment. Later, plaintiff and his wife, derivatively, commenced this negligence action and, when plaintiffs presented evidence of defendant...

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