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GALLO v. 800 SECOND OPERATING, INC.

300 A.D.2d 537 (2002)

752 N.Y.S.2d 394

WILLIAM GALLO, Respondent, v. 800 SECOND OPERATING, INC., Doing Business as CHURCHS PIZZA HUT, et al., Defendants, and 800 SECOND OPERATING, INC., et al., Appellants.

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

Decided December 23, 2002.

Ordered that the judgment and the order are reversed insofar as appealed from, on the law, the appellants' motion is granted, so much of the complaint as sought punitive damages against the appellants is dismissed, and a new trial is granted on the remainder of the complaint insofar as asserted against the appellants, with costs to abide the event.

The plaintiff allegedly became unruly while drinking at Ryan McFadden's...

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