Legal Opinion

Dupre v. Maryland Management Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 16, 1954PublishedCited by 3 opinions

1Per curiam

Plaintiff was a guest in the hotel of the corporate defendant. He has recovered damages for an assault committed by one Jones, a bellboy. The trial court found that plaintiff initiated the encounter in which he received his injuries, but that Jones used more than sufficient force to repel an attack by plaintiff, and, therefore, found defendant liable to plaintiff in damages.

We agree with the basic findings of the trial court in all respects except the finding that an excess of force was used by Jones in self-defense. We find from the record that Jones struck plaintiff after he had twice tried…

2Cited by3 opinions

  1. Union Leader Corporation v. Newspapers of New England Inc., Haverhill Gazette Company v. Union Leader CorporationCourt of Appeals for the First Circuit · 1960
  2. Fauntleroy v. EMM Group Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. McCombs v. HegartyCity of New York Municipal Court · 1954

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