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RIVERS v. MURRAY

29 A.D.3d 884 (2006)

815 N.Y.S.2d 708

MICHAEL RIVERS et al., Appellants, v. KENNETH MURRAY et al., Respondents, et al., Defendant. (And a Related Action.)

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

May 23, 2006.

Ordered that the order is affirmed, with costs.

On the afternoon of May 23, 2002, 16-year-old Andrew Murray (hereinafter Andrew), the son of the respondents, Kenneth Murray and Elizabeth Murray (hereinafter the respondents), assaulted the plaintiff Michael Rivers (hereinafter the injured plaintiff) with a baseball bat. A few days prior to the incident, Andrew had surreptitiously studded the bat with nails and concealed it in the respondents' garage. The injured plaintiff...

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