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FARRELL v. LAUTOB REALTY CORP.

204 A.D.2d 597 (1994)

612 N.Y.S.2d 190

Yvonne Farrell, Individually and as Administratrix of The Estate of James P. Farrell, Deceased, Respondent, v. Lautob Realty Corp., Defendant, 860 Broadway Corporation, Doing Business as Underground, et al., Appellants, et al., Defendant. (Action No. 1.) Richard Lyncook, Respondent, v. 860 Broadway Corp., Doing Business as Underground, et al., Appellants, et al., Defendants. (Action No. 2.) Rhoda Wells, Individually and as Administratrix of The Estate of Stephen Pleasants, Deceased, Respondent, v. 860 Broadway Corp., Doing Business as Underground, et al., Appellants, et al., Defendants. (Action No. 3.)

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

May 23, 1994

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

This appeal involves three separate civil actions stemming from a shooting incident which occurred outside the Underground, a Manhattan nightclub, on the night of December 30, 1989. As a result of the shootings two people were killed and one was seriously injured. Osbourne Warner (hereinafter Warner), a defendant in Actions No. 1 and...

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