Captain v. Hamilton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Plaintiff sustained personal injuries when defendant struck him in the eye. Thereafter, plaintiff commenced this action seeking damages. Supreme Court erred in granting plaintiff’s motion for summary judgment dismissing defendant’s first affirmative defense to the extent that it asserted that plaintiff engaged in culpable conduct. Defendant’s conviction of assault in the third degree based upon reckless conduct (Penal Law § 120.00 [2]) did not determine the…
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