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ROMANO v. STANLEY

220 A.D.2d 5 (1996)

643 N.Y.S.2d 238

Marie A. Romano et al., Respondents, v. Horace R. Stanley, as Administrator of The Estate of Nancy A. Stanley, Deceased, et al., Defendants, and Martel's of Broadway, Inc., et al., Appellants

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

May 23, 1996

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Conolly, Albany (Michael J. Hutter of counsel), for Martel's of Broadway, Inc., appellant.

Kris T, Jackstadt, Albany (Michael M. Emminger of counsel), for Jack's Oyster House, Inc., appellant.

Seymour Fox, P. C., Troy (Bonnie P. Chavin of counsel), for respondents.

MIKOLL, J. P., and PETERS, J., concur with YESAWICH JR., J.; CREW III, J., concurs in part and dissents in part in a separate opinion in which CASEY, J., concurs.

YESAWICH JR., J.

This lawsuit has its origin in an automobile accident that occurred on January 18, 1991 in the Town of Colonie, Albany County, in which Nancy A. Stanley (hereinafter decedent) was killed and plaintiff Marie A. Romano (hereinafter plaintiff) was injured. Defendants Jack's Oyster House, Inc., Martel's of Broadway, Inc. and Dee Dee's Tavern, Inc. each own and operate a restaurant or tavern at which...

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