GRAVES v. TRUDELL


309 A.D.2d 1220 (2003)

765 N.Y.S.2d 104

MARK GRAVES, Appellant, v. CRAIG TRUDELL et al., as Coadministrators of the Estate of STEPHEN R. TRUDELL, Deceased, Respondents.

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

Decided October 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum:

Supreme Court erred in denying plaintiff's motion seeking partial summary judgment on liability. Plaintiff met his initial burden by establishing that defendants' decedent forcibly entered plaintiff's home with a loaded shotgun and shot plaintiff, injuring his leg, and that plaintiff then returned...

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