STEVENS v. KIRBY


86 A.D.2d 391 (1982)

William C. Stevens, Respondent, v. Doris R. Kirby, Doing Business as Parma Paupers Den, Appellant

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

May 14, 1982


Attorney(s) appearing for the Case

Ronald J. Passero (James M. Byrnes of counsel), for appellant.

Faraci, Guadagnino, Lange & Johns (Joseph A. Regan of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, DENMAN and BOOMER, JJ., concur.


SCHNEPP, J.

Defendant, a tavern owner, appeals from a judgment which awarded plaintiff compensatory and punitive damages for injuries that he sustained in a fight involving patrons of the tavern in its parking lot on December 30, 1977. Liability was premised on defendant's negligence in failing to take reasonable precautions for plaintiff's safety; the jury found no violation of the Dram Shop Act (General Obligations Law, § 11-101, subd 1). The central...

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