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FEBESH v. ELCEJAY INN CORP.

157 A.D.2d 102 (1990)

Shirley Febesh, Individually and as Administratrix of The Estate of Joseph Febesh, Deceased, Appellant-Respondent, v. Elcejay Inn Corp., Doing Business as Fox Hollow Inn, Respondent-Appellant

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

May 3, 1990

Attorney(s) appearing for the Case

Joseph P. Napuls of counsel (Morris J. Eisen, P. C., and B. Jennifer Jaffee, attorneys), for appellant-respondent.

Roger P. McTiernan of counsel (William E. Fay, III, with him on the brief; Barry McTiernan & Moore, and Joseph W. Conklin, attorneys), for respondent-appellant.

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

CARRO, J.

This appeal concerns whether the owner of an inn or restaurant is liable in negligence where an individual attending a party on the premises sustained severe injuries as a result of being stung by a bee or a yellow jacket while on the outdoor patio. For the reasons that follow, we conclude that defendant herein is not liable.

On August 24, 1985, plaintiffs Joseph and Shirley Febesh attended...

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