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MARSICO v. BRENNAN

162 Misc.2d 666 (1994)

618 N.Y.S.2d 487

Stephan Marsico, Plaintiff, v. Delia Brennan et al., Defendants.

Supreme Court, Rockland County.

October 24, 1994

Attorney(s) appearing for the Case

Mac Cartney, Mac Cartney, Kerrigan & Mac Cartney, Nyack, for Delia Brennan and another, defendants. Weiner, Aliano & Catlett, Nanuet, for plaintiff.

GEORGE M. BERGERMAN, J.

Defendants moved at the close of plaintiff's case to dismiss this action upon the ground that plaintiff failed to establish that defendants owed a duty of care to plaintiff, relying on Zadarosni v F. & W. Restuaranteurs of Southeast (192 A.D.2d 1051).

Defendants Delia and Kenneth Brennan operate an establishment under the name of Deer Head Inn & Restuarant. The building...

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