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(DOWNLOAD) "Carville v. Burke" by Appellate Division, Fourth Department, New York Supreme Court * Book PDF Kindle ePub Free

Carville v. Burke

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eBook details

  • Title: Carville v. Burke
  • Author : Appellate Division, Fourth Department, New York Supreme Court
  • Release Date : January 13, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Order unanimously affirmed without costs. Memorandum: While on property owned by defendants, plaintiff was struck in the head with a half-full bottle of windshield washer fluid thrown by an unidentified third party. Shortly before, defendant Alan E. Burke had confronted a group of teenagers whom he believed were responsible for throwing an empty glass beer bottle into his driveway. Alan returned to his property and then threw a beer bottle into the yard where the teenagers were gathered. The teenagers arrived at defendants property and confronted Alan, who acknowledged that he was "pretty upset". He retrieved a pitchfork from his garage and, by his own admission, "stuck the pitchfork in the spokespersons * * * face and I told him that he has got to go". All parties acknowledged that there was confusion and everyone was screaming and swearing. Plaintiff also alleged that defendant Lori M. Burke threw the bottle of windshield washer fluid at the teenagers immediately before it was picked up by a teenager and thrown at plaintiff. Lori, however, denied that she threw the bottle at the teenagers.


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