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MURPHY v. HAMILTON

512436.

90 A.D.3d 1294 (2011)

934 N.Y.S.2d 595

2011 NY Slip Op 9070

DAVID MURPHY, Appellant, v. MARK HAMILTON et al., Respondents, et al., Defendant.

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

Decided December 15, 2011.

MALONE JR., J.

In July 2009, plaintiff commenced this action for assault and battery and civil conspiracy, alleging that defendants Mark Hamilton and David LaClair had physically assaulted him on July 15, 2008 at the behest of defendant Robert Hamilton— Mark Hamilton's father and LaClair's father-in-law—due to a property dispute.* Plaintiff served defendants in October 2009 and the following month defendants, answering together...

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