Curcio v. East Coast Hoops, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (McNamara, J.), entered June 17, 2004 in Albany County, which granted a motion by defendants Kyle O’Brien and George Mardigan for summary judgment dismissing the complaint against them.
As more fully set forth in our prior decision in this action (21 AD3d 666 [2005], lv denied 5 NY3d 715 [2005]), plaintiff was injured while acting as a referee at a basketball tournament when defendant Michael Acevedo, a student participating in the tournament, punched him in the eye. In our prior decision, we dismissed the complaint against defendant…
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