CANAVAN v. GALUSKI


2 A.D.3d 1039 (2003)

769 N.Y.S.2d 629

SEAN P. CANAVAN, Appellant, v. DAVID GALUSKI et al., Respondents.

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

December 11, 2003.


Peters, J.

Plaintiff commenced this negligence action contending that he was injured by one or more defendants during an altercation in the Town of Clifton Park, Saratoga County. Following discovery, all defendants moved for summary judgment, and plaintiff cross-moved for the same relief on the theories of alternative liability and/or concerted action liability. Supreme Court granted defendants' motions and plaintiff appeals.

An altercation occurred in December...

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