No. 801, Docket 89-7572.

906 F.2d 929 (1990)

Jose MAYSONET, Plaintiff-Appellant, v. KFC, NATIONAL MANAGEMENT COMPANY, d/b/a Kentucky Fried Chicken, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 29, 1990.

Attorney(s) appearing for the Case

Peter R. Shipman, Bronx, N.Y. (Ernest J. Codella, Bronx, New York City, of counsel), submitted a brief for plaintiff-appellant.

Eric Portuguese, New York City (Steven B. Prystowsky, Saul Wilensky, Lester, Schwab, Katz & Dwyer, New York City, of counsel), for defendant-appellee.

Before CARDAMONE, WINTER and ALTIMARI, Circuit Judges.

CARDAMONE, Circuit Judge:

Late one May night appellant Jose Maysonet entered a Kentucky Fried Chicken restaurant in the South Bronx, New York. He had been there before and had often seen loiterers panhandling patrons. This night was no different. When Maysonet entered there were 20-25 customers present, including a panhandler who was bothering and harassing customers, asking them for money and attracting attention by "crazy laughing." After Maysonet had waited on...

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