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DJURKOVIC v. THREE GOODFELLOWS, INC.

1 A.D.3d 210 (2003)

767 N.Y.S.2d 108

ENIS DJURKOVIC, Appellant, v. THREE GOODFELLOWS, INC., Respondent, et al., Defendant.

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

November 18, 2003.

Plaintiff testified that the attack occurred immediately after he refused the assailant's demand to hand over the gold chain he was wearing. Judgment notwithstanding the verdict was properly awarded defendant in the absence of any evidence of any prior criminal activity at its club (see Jacqueline S. v City of New York, 81 N.Y.2d 288, 294-295 [1993]; Florman v City of New York, 293 A.D.2d 120

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