KUZMACK v. WALSH


8 Misc.2d 895 (1957)

Russell Kuzmack, Respondent, v. Mildred Walsh et al., Doing Business as Walsh's Broadway Grill, Appellants.

Supreme Court, Appellate Term, First Department.

January 17, 1957.


Attorney(s) appearing for the Case

Emanuel Morgenbesser and Sidney J. Loeb for appellants.

Robert Hill Nix for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.


Per Curiam.

Defendants were under a duty to use ordinary care to protect their patrons from injury from causes reasonably to be anticipated (Burgess v. Garfield 49th St., 1 Misc.2d 60; Schubart v. Hotel Astor, 168 Misc. 431, affd. 255 App. Div. 1012, affd. 281 N.Y. 597). The sudden, unexpected and unprovoked assault on plaintiff by several other patrons was not such an act which the defendants could reasonably...

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