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CASTIGLIONE v. QUINN

2010-01034.

85 A.D.3d 704 (2011)

924 N.Y.S.2d 837

2011 NY Slip Op 5007

DANIEL CASTIGLIONE, Individually and as Father and Natural Guardian of JULIANN CASTIGLIONE, an Infant, Appellant, v. JAMES F. QUINN, Individually and as Father and Natural Guardian of CHRISTOPHER QUINN, an Infant, Respondent.

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

Decided June 7, 2011.

Ordered that the order is affirmed, with costs.

On October 31, 2007, the plaintiff's daughter was sitting on the curb at the corner of Idle Hour Boulevard and Biltmore Avenue in Oakdale when she was struck in the left eye by an egg allegedly thrown by the defendant's son. The plaintiff commenced this action, inter alia, to recover damages for the personal injuries sustained by his daughter as a result of the incident. Issue was joined, and the plaintiff moved for...

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