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SMITH v. BLUE MOUNTAIN INN, INC.

255 A.D.2d 920 (1998)

680 N.Y.S.2d 386

Teresa Smith, Appellant, v. Blue Mountain Inn, Inc., et al., Respondents, et al., Defendant

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

November 13, 1998

Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Plaintiff sustained injuries when defendant Roy Kyler, a fellow patron of the Blue Mountain Inn, threw an ashtray at the bartender, and the ashtray instead hit plaintiff in the face. Supreme Court erred in granting that part of the motion of defendants Blue Mountain Inn, Inc. (Blue Mountain), the operator of the Blue Mountain Inn, John W. Ellison...

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