PACHAN v. BROWN

275 CA 21-00872.

204 A.D.3d 1435 (2022)

167 N.Y.S.3d 267

2022 NY Slip Op 02684

Michael Pachan et al., Appellants, v. Scott E. Brown, Respondent.

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

Decided April 22, 2022.


Attorney(s) appearing for the Case

VANDETTE PENBERTHY LLP, BUFFALO ( BRITTANYLEE PENBERTHY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HAGELIN SPENCER LLC, BUFFALO ( SEAN M. SPENCER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Michael Pachan (plaintiff) when he was shot by defendant while plaintiff and a friend were turkey hunting. Defendant, who was also turkey hunting, set up decoys and waited. He "saw something black" as well as "white" and, believing the object to be...

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