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SMITH v. KLEINGARDNER

16 A.D.3d 752 (2005)

790 N.Y.S.2d 573

HARRY SMITH et al., Appellants, v. ALLIE KLEINGARDNER et al., Defendants, and SULLIVAN COUNTY SHERIFF'S DEPARTMENT et al., Respondents.

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

March 3, 2005.

Peters, J.

This action was commenced to recover damages for injuries sustained by plaintiff Harry Smith (hereinafter plaintiff) as a result of an altercation on September 11, 1999 at the Beaverkill Inn in Parksville, Sullivan County. Defendant Allie Kleingardner was present at the Beaverkill Inn that evening. At approximately 1:00 a.m., several patrons came running into the bar, hollering that an armed man was in the parking lot threatening to kill someone. Kleingardner...

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