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BROWNE v. GMRI, INC.

6 A.D.3d 640 (2004)

775 N.Y.S.2d 184

DAVID R. BROWNE, Appellant, v. GMRI, INC., Doing Business as RED LOBSTER #38, Respondent, et al., Defendant.

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

April 26, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's decedent was shot and killed by the defendant Angelo Espinal while dining at a restaurant owned and operated by the defendant GMRI, Inc., doing business as Red Lobster #38 (hereinafter Red Lobster). The plaintiff commenced this action against Red Lobster, among others, and appeals from so much of an order as granted Red Lobster summary judgment dismissing the complaint insofar...

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