METALIOS v. TOWER INS. CO. OF N.Y.

3151, 101735/07.

77 A.D.3d 471 (2010)

910 N.Y.S.2d 28

MELINA METALIOS et al., Appellants, v. TOWER INSURANCE COMPANY OF NEW YORK et al., Respondents.

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

Decided October 14, 2010.


Plaintiff Metalios hosted a party on February 12, 2005 for employees and friends at her Pluck U restaurant after closing hours. Early the next morning, Metalios witnessed a guest and former employee engaged in a verbal altercation with someone in the restaurant's kitchen, and a fight ensued. Shortly thereafter, a Pluck U employee fatally stabbed the guest and injured another person outside the restaurant.

The court properly declined to find that defendant Tower had...

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