SCHEIR v. LAUENBORG


281 A.D.2d 530 (2001)

722 N.Y.S.2d 63

MICHAEL J. SCHEIR, Respondent, v. CHRISTOPHER LAUENBORG, Defendant, and SOUTHLAND CORPORATION, Doing Business as 7/11 and or 7-ELEVEN, et al., Appellants.

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

Decided March 19, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The plaintiff was in a convenience store parking lot when he was approached by a group of approximately 15 people. He allegedly was hit in the head and repeatedly kicked by the defendant Christopher Lauenborg until he blacked out. He commenced this action...

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