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JOHNSON v. OVAL PHARMACY

165 A.D.2d 587 (1991)

Pearl W. Johnson, as Administratrix of The Estate of John T. Johnson, Deceased, Appellant, v. Oval Pharmacy, and Epic Security Protection & Intelligence Systems, Limited, et al., Respondents

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

April 23, 1991

Attorney(s) appearing for the Case

Cheryl Eisberg Moin of counsel (Pamela Anagnos Liapakis and Marie Ng with her on the brief; Sullivan & Liapakis, P. C., attorneys), for appellant.

Robert J. Ellsworth (Kornfeld, Rew, Newman & Ellsworth, attorneys), for Oval Drug Corp., respondent.

Joseph Frost of counsel (Frost & Berenholtz, attorneys), for Georgino Borrero, respondent.

SULLIVAN, J. P., ROSS and ASCH, JJ., concur.

KASSAL, J.

This lawsuit arises from a tragic incident in which a minor dispute between plaintiff's deceased, John T. Johnson, and defendant Georgino Borrero, a part-time armed security guard employed by defendant Epic Security Protection & Intelligence Systems, Limited (Epic Security), assigned to work at defendant Oval Pharmacy Drug Store (Oval Pharmacy), escalated into a confrontation that ultimately resulted...

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