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RISHTY v. DOM, INCORPORATED

2008-08272.

67 A.D.3d 662 (2009)

888 N.Y.S.2d 151

2009 NY Slip Op 07999

DAVID RISHTY, Appellant, v. DOM, INCORPORATED, et al., Respondents.

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

Decided November 4, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

Elliot Rishty (hereinafter Elliot), then 15 years old, was injured when he allegedly was struck in the face by an unidentified individual while attending an alternative rock concert at a venue known as Club Warsaw, which is owned by DOM, Incorporated (hereinafter together the defendants). Following the incident, the plaintiff...

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