ROGERS v. REYNOLDS


156 A.D.2d 930 (1989)

Gerald E. Rogers, Respondent, v. Richard Reynolds et al., Defendants, and Daniel E. Bedell et al., Doing Business as The Bonnet, Appellants

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

December 20, 1989


Judgment unanimously reversed on the law without costs and new trial granted on the issue of damages only.

Memorandum:

We have reviewed the court's charge on the issue of liability and we find it to be essentially correct. Although it was not proper to charge that the restaurant owner defendants had "special skills", the court otherwise repeatedly made it clear that it was their duty to "use the skill and care that others in the [restaurant business] would...

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