SYLVIA HINDS-RADIX, J.
The motion by defendant 273 Brighton Beach Ave. Restaurant, Inc., d/b/a National Restaurant (National) for an order, pursuant to CPLR 3212, granting summary judgment dismissing the complaint of plaintiffs Mikhail Barshay (Barshay) and Nelli Barshay herein is denied.
This personal injury action arises out of an incident which occurred on the evening of December 9, 2005 when Barshay, a patron of defendant, was allegedly assaulted on the...
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