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MORRIS v. BIANNA, INC.

2009-01635

69 A.D.3d 910 (2010)

894 N.Y.S.2d 84

2010 NY Slip Op 656

DAVID MORRIS, Respondent, v. BIANNA, INC., Doing Business as ROCKIN ROBBINS, Appellant, and MICHAEL PENZO, Respondent.

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

Decided January 26, 2010.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the plaintiff-respondent and the defendant-respondent.

On November 11, 2005, shortly after midnight, the defendant Michael Penzo stabbed the plaintiff in the abdomen with a knife, while both men were patrons of the appellant's bar in Yonkers. The plaintiff subsequently commenced the present action, alleging, inter alia, that the...

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