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BUCHANAN v. DOMBROWSKI

CA 10-02055.

83 A.D.3d 1497 (2011)

RACHEL T. BUCHANAN, Respondent, v. MATT DOMBROWSKI, Individually and as Owner of MAGRUDER'S RESTAURANT & PUB INC., et al., Appellants. (Appeal No. 1.).

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

Decided April 29, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of plaintiff's motion with respect to liability, including negligence, and those parts of plaintiff's motion seeking dismissal of the affirmative defenses that allege plaintiff's culpable conduct insofar as they are based on implied assumption of risk and as modified the order is affirmed without costs in accordance with the following memorandum: Plaintiff commenced...

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