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RIVIELLO v. WALDRON

47 N.Y.2d 297 (1979)

Donald Riviello, Appellant, v. Joseph Waldron, Defendant, and Raybele Tavern, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Paul K. Rooney and Elliot L. Evans for appellant.

Jerome Prince, Raymond J. MacDonnell, Philip Hoffer, Rose L. Hoffer, Peter T. Affatato and James D. Madigan, III, for respondent.

Chief Judge COOKE and Judges GABRIELLI and WACHTLER concur with Judge FUCHSBERG; Judge JONES concurs in result in a separate memorandum; Judge JASEN dissents and votes to affirm for the reasons stated in the concurring memorandum by Mr. Justice VINCENT A. LUPIANO at the Appellate Division (63 A.D.2d 593).

FUCHSBERG, J.

Plaintiff Donald Riviello, a patron of the Pot Belly Pub, a Bronx bar and grill operated by the defendant Raybele Tavern, Inc., lost the use of an eye because of what was found to be negligence on the part of Joseph Waldron, a Raybele employee. The jury having decided for the plaintiff, in due course the trial court entered a judgment in his favor for $200,000 plus costs and interest from the date...

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