ELKADY v. VERY, LTD.


8 A.D.3d 197 (2004)

778 N.Y.S.2d 688

CHAFIC A. ELKADY et al., Respondents, v. VERY, LTD., Appellant.

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

June 24, 2004.


Plaintiffs were injured at defendant's bar when they were attacked by another group of patrons. There is sufficient evidence that a triable issue exists as to whether defendant, through its agents, failed to intervene in a timely fashion in the altercation, in light of conflicting testimony as to the length of time that the incident lasted (Banayan v F.W. Woolworth Co., 211 A.D.2d 591

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