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Legal Opinion

McEntee v. Cappucci

Civil Court of the City of New York

Decided April 30, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Loren Baily-Schiffman, J.

Defendants have brought a motion to dismiss the fifth and sixth causes of action against defendants Joseph Cappucci and Eileen Cappucci on the ground that the complaint fails to state a cause of action against them. For the following reasons, the motion is denied.

*71PROCEDURAL HISTORY

This action has its unfortunate beginnings in the violent incident of September 12, 1990 in which Joseph Cappucci, Jr. assaulted Patrick McEntee, Jr. with a baseball bat. On April 22, 1991, Joseph Cappucci, Jr. pleaded guilty to assault in the second degree, a class D…

2Cases cited6 opinions

  1. Holodook v. SpencerNew York Court of Appeals · 1974
  2. Nolechek v. GesualeNew York Court of Appeals · 1978
  3. Parsons v. Wham-O, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  4. Armour v. EnglandAppellate Division of the Supreme Court of the State of New York · 1994
  5. La Torre v. Genesee Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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