It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendants' cross motion in part and dismissing the negligence claim and as modified the order is affirmed without costs.
Memorandum:
Plaintiffs commenced this action asserting claims for negligence and assault based on an incident in which defendant Lawrence Comins, the owner of defendant Mariner Restaurant (Restaurant), allegedly assaulted...
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