McDonald v. Cook
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spain, J.
On May 24, 1993, third-party defendant, Darrell “Ducky” Barnes, allegedly shot and killed Francis McDonald (hereinafter decedent) at Barnes’ home in the Town of Bombay, Franklin County; in a separate criminal proceeding Barnes was acquitted of all charges stemming from the death of decedent. The record reveals that prior to May 24, 1993 Barnes was employed as a security guard by defendant Mohawk Bingo Palace, which was owned and operated by defendants Basil Cook and Guilford White. On the day of the shooting, Barnes arrived at the Bingo Palace at 9:30 a.m. and was…
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