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CRESSWELL v. WARDEN

164 A.D.2d 855 (1990)

Gary Cresswell et al., Plaintiffs, v. John S. Warden, Defendant and Third-Party Plaintiff-Respondent. Landmark Food Service, Inc., Doing Business as Cafe Royale, et al., Third-Party Defendants-Appellants

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

August 6, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

On August 8, 1985, at about 10:00 P.M., the defendant third-party plaintiff John S. Warden visited the Cafe Royale in Syosset. After consuming some alcoholic beverages over a period of several hours, he suddenly attacked the proprietor. One of the police officers who responded to the scene was the plaintiff Gary Cresswell. During the early morning hours of August 9, 1985, Warden was taken to...

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