ELBA v. BILLIE'S 1890 SALOON, INC.


227 A.D.2d 438 (1996)

644 N.Y.S.2d 278

Scott Elba, Respondent, v. Billie's 1890 Saloon, Inc., Appellant

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

May 13, 1996


Ordered that the order is reversed, insofar as appealed from, on the law, with costs, and the branches of the defendant's motion which were to dismiss the plaintiff's causes of action sounding in negligence are granted and the complaint is dismissed in its entirety.

The plaintiff was allegedly injured in the defendant bar when he was elbowed in the nose by another patron involved in an altercation. At an examination before trial, the plaintiff estimated the number...

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