Mangione v. Dimino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardamone, J.
At 9:30 p.m. on an August evening in 1969 plaintiffs Angelo and Theresa Mangione, as invited guests, attended a “ pool splash party ” at the home of the defendants Anthony and Theresa Passero. Shortly after they arrived, the defendants Dimino and Della Fave, also present as invited guests of the Passeros, began to engage in boisterous horseplay attempting to throw Angelo Mangione into the pool while he was fully clothed and resisting. Twice plaintiff eluded them. On the third try, at about 10:00 p.m., defendants Dimino and Della Fave threw the still resisting, fully-clothed plaintiff ‘1 all…
2Cases cited7 opinions
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