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SMITH v. TAYLOR

304 A.D.2d 902 (2003)

757 N.Y.S.2d 617

JEFFREY C. SMITH, Respondent, v. RICK TAYLOR, Appellant.

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

Decided April 3, 2003.

Mercure, J.

In August 1997, plaintiff was injured by a fellow guest, Eric Collier, at a party in the home of defendant's family. Drinking at the party was widespread among the guests, many of whom, including plaintiff and defendant, were underage. Collier, who was allegedly intoxicated, attacked plaintiff when he attempted to break up a fight, punching plaintiff in the face and knocking him unconscious.

Plaintiff...

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