Mercure, J.P.
In May 2002, plaintiff was assaulted by defendant while attending a dance at Elmira College in the City of Elmira, Chemung County. Plaintiff asserts that he was attacked from behind and that he did nothing to precipitate or provoke the attack. As a result of the incident, defendant was charged with assault in the third degree (Penal Law § 120.00 [1]), and he was later convicted of that charge upon his plea of guilty. Thereafter, plaintiff commenced...
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