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TONEY v. ZARYNOFF'S, INC., T-A DING HO RESTAURANT I & II

No. 99-P-1095.

52 Mass. App. Ct. 554 (2001)

ALBERT MONROE TONEY, THIRD, & others v. ZARYNOFF'S, INC., T-A DING HO RESTAURANT I & II & another.

Court of Appeals of Massachusetts, Worcester.

September 20, 2001.

Attorney(s) appearing for the Case

David A. Wojcik for the plaintiffs.

Stephen J. Brown for Zarynoff's, Inc., T-A Ding Ho Restaurant I & II.

John A. Wickstrom for Babcock-Colton Associates.

Present: PORADA, KANTROWITZ, & COHEN, JJ.

PORADA, J.

On the evening of September 29, 1991, the plaintiff Albert Monroe Toney, III, and Robert Domiano, Jr., were dining with friends at the Ding Ho restaurant owned by the defendant Zarynoff's Inc., T-A Ding Ho Restaurant I & II (Ding Ho) and located in a building owned by the defendant Babcock-Colton Associates (Babcock) at 38 Southbridge Street in Worcester. When Toney, an off-duty Worcester police officer, went to pay the bill, he observed the operator...

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