Legal Opinion
McWain v. Pronto
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 2006PublishedCited by 5 opinions
1Opinion of the Court
Crew III, J.P.
Appeal from an order of the Supreme Court (Krogmann, J.), entered October 24, 2005 in Warren County, which granted plaintiffs motion for partial summary judgment on the issue of liability.
In 2003, plaintiff and defendant began a personal relationship that included consensual, sadomasochistic sex. During one sexual encounter, plaintiff sustained personal injuries, as the result of which deféndant was charged with assault in the second degree. In satisfaction of that charge, defendant pleaded guilty to assault in the third degree.
Plaintiff thereafter commenced this personal injury…
2Cases cited6 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Captain v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1991
- In re Denise GG.Appellate Division of the Supreme Court of the State of New York · 1998
- Stuzin v. Pizza HutAppellate Division of the Supreme Court of the State of New York · 1997
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