NUNEZ v. CARYL & BROADWAY, INC.


30 A.D.3d 249 (2006)

819 N.Y.S.2d 3

LUIS NUNEZ, Appellant, v. CARYL & BROADWAY, INC., et al., Respondents.

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

June 15, 2006.


Plaintiff testified at deposition that he was staying at a friend's apartment while the friend was away for several weeks when the building's superintendent, defendant Novas, knocked on the door and told him that he was dropping off mail. As plaintiff opened the door, Novas entered along with three other men whom plaintiff did not know and had not seen through the peephole. The three men then began to severely beat plaintiff with dangerous instruments they had brought along...

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