MUJSCE v. POWELL


264 A.D.2d 765 (1999)

695 N.Y.S.2d 378

MICHAEL MUJSCE, Respondent, v. YVETTE N. POWELL, Defendant, and EAST END SQUARE CLUB, INC., Doing Business as CLUB 91, Appellant.

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

Decided September 20, 1999.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellant's motion which was for summary judgment dismissing the plaintiff's cause of action sounding in negligence insofar as asserted against it and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

On June 3, 1995, an altercation occurred between the plaintiff and...

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