DAVIS v. CITY OF NEW YORK


183 A.D.2d 683 (1992)

Richard Davis, Appellant, v. City of New York et al., Defendants, and 5167-161 Street Restaurant Corporation et al., Respondents

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

May 28, 1992


On January 11, 1987 at 12:30 A.M., plaintiff was seriously injured when he was shot three times by another patron, an off-duty correction officer, following a verbal confrontation at defendants movants' McDonald's Restaurant located on 161st Street and River Avenue, across the street from Yankee Stadium. At the time of the officer's criminal act, the restaurant was crowded with patrons and there was an absence of security personnel.

While movants defendants restaurant...

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