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CRUZ v. MADISON DETECTIVE BUR.

137 A.D.2d 86 (1988)

Dina Cruz, Individually and as Parent and Guardian of Moises Cruz, an Infant, Appellant, v. Madison Detective Bureau, Inc., Respondent and Third-Party Plaintiff. RKO Century Theatres, Third-Party Defendant-Respondent

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

May 12, 1988

Attorney(s) appearing for the Case

Robert C. Agee of counsel (Fitzgerald & Fitzgerald, P. C., attorneys), for appellants.

Anthony M. Fischetti of counsel (Garbarini & Scher, P. C., attorneys), for respondent and third-party plaintiff.

Gerald V. Esposito of counsel (Esposito, Giordano & Buchicchio, attorneys), for third-party defendant-respondent.

SULLIVAN, J. P., MILONAS, KASSAL and ELLERIN, JJ., concur.

ASCH, J.

Moises Cruz, employed as an usher, was attacked by patrons in a movie theatre owned and operated by third-party defendant RKO Century Theatres (RKO). This action was brought against defendant Madison Detective Bureau, Inc. (Madison), based on its alleged negligence in failing to provide adequate security at the theatre and in failing to follow its own security procedures. After a five-day trial, at the...

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