CLARKIN v. IN LINE RESTAURANT CORP.

3464, 161347/13.

148 A.D.3d 559 (2017)

2017 NY Slip Op 02004

52 N.Y.S.3d 304

TIMOTHY M. CLARKIN, Respondent, v. IN LINE RESTAURANT CORP., Doing Business as SHUCKER'S LOBSTER AND CLAM BAR, et al., Appellants.

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

Decided March 21, 2017.


Plaintiff alleges he was injured while patronizing Shucker's Lobster and Clam Bar, a restaurant owned by defendant In Line and located in Hampton Bays, New York, when he stepped in a hole in the grass on the restaurant's front lawn while playing a frisbee game called Jam Can. Defendant Scott W. Spanburgh was a shareholder and chief principal officer of In Line and was the restaurant's manager when the accident occurred. It is undisputed that the restaurant provided the frisbee...

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