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O'HANLEY v. NINETY-NINE, INC.

12 Mass. App. Ct. 64 (1981)

421 N.E.2d 1217

MARSHALL F. O'HANLEY vs. NINETY-NINE, INC.

Appeals Court of Massachusetts, Middlesex.

June 12, 1981.

Attorney(s) appearing for the Case

Irving H. Sheff (Samuel E. Greydanus, III, with him) for the plaintiff.

William L. O'Brien for the defendant.

Present: HALE, C.J., GRANT, & SMITH, JJ.

GRANT, J.

This is an action by which the plaintiff seeks to recover damages for the personal injuries sustained by him when he fell off the bar in one of the defendant's restaurants. After the parties had answered each other's written interrogatories, the defendant moved for summary judgment under Mass.R.Civ.P. 56(b), 365 Mass. 824 (1974). The plaintiff responded with affidavits of himself and several persons who had been his drinking companions during the events...

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