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GAROFALO v. HENRIETTA ITALIA, INC.

175 A.D.2d 580 (1991)

Mark T. Garofalo, Appellant, v. Henrietta Italia, Inc., Doing Business as Coco's Carousel, Respondent, et al., Defendant

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

July 12, 1991

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant Henrietta Italia's (Coco's) motion for summary judgment dismissing plaintiff's cause of action for negligence. Although Coco's was required to exercise reasonable care for the protection of its patrons, an unexpected altercation between patrons, such as that between plaintiff and defendant Schneider, is not a situation...

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