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HORVATH v. L & B GARDENS, INC.

2010-08459.

89 A.D.3d 803 (2011)

932 N.Y.S.2d 184

2011 NY Slip Op 8124

CHRISTINA D. HORVATH, as Administratrix of the Estate of JOSEPH J. HORVATH, Also Known as JOSEPH HORVATH, JR., et al., Appellants, v. L & B GARDENS, INC., et al., Respondents, et al., Defendants.

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

Decided November 9, 2011.

Ordered that the order is affirmed, with costs.

This action arises from a physical altercation between the plaintiff John Kolompar and Joseph J. Horvath, the deceased brother of the plaintiff Christina D. Horvath, on one side, and on the other side, several employees of the defendants L & B Gardens, Inc., and L & B Gardens, Inc., doing business as L & B Spumoni Gardens (hereinafter together L & B), a restaurant in Brooklyn, New York.

Pursuant...

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