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LOCKWOOD v. LAYTON

509716.

79 A.D.3d 1342 (2010)

MAUREEN NOLAN LOCKWOOD, Appellant, v. BENJAMIN LAYTON, Individually and Doing Business as COUNTRY ROCK CAFÉ, Respondent.

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

Decided December 9, 2010.

STEIN, J.

Plaintiff was injured in the aftermath of a fight that occurred in the parking lot of the Country Rock Café, an establishment located on property owned by defendant. Defendant is also a shareholder and director of JGB Layton, Inc., a closely-held corporation that owns the Country Rock Café. After plaintiff commenced this negligence action against him, individually, defendant moved for summary judgment on the basis that plaintiff was suing the wrong...

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