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METZGER v. FLAGSTONE REST.

27 Misc.2d 500 (1960)

Aaron Metzger, Plaintiff, v. Flagstone Restaurant, Inc., Defendant.

Supreme Court, Special Term, Nassau County.

December 29, 1960

Attorney(s) appearing for the Case

Joseph Kelner for plaintiff. MacIntyre, Burke & Downey for defendant.

MARIO PITTONI, J.

Plaintiff's motion for summary judgment is granted.

The plaintiff, a restaurant patron, was seated in a booth eating his lunch when suddenly and without warning a door in back of him crashed down upon him injuring him severely. The defendant gives no explanation of any kind for the accident and relies solely upon its lawyer's affidavit which...

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