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HEAVLIN v. GUSH

197 A.D.2d 773 (1993)

602 N.Y.S.2d 721

Patricia A. Heavlin, Respondent, v. Philip R. Gush et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 21, 1993

Mahoney, J.

In this action plaintiff seeks to recover against defendants Philip R. Gush (hereinafter Gush) and Gush's Thirsty Bear, Inc. (hereinafter the tavern) for personal injuries on theories of common-law negligence and violation of the Dram Shop Act (see, General Obligations Law § 11-101). The suit stems from an August 1990 incident when plaintiff was stabbed outside of the tavern premises by a fellow bar patron, defendant Donald W....

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