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WHITTINGHAM v. McDONALD'S CORP.

2018-06304. Index No. 1198/16.

174 A.D.3d 672 (2019)

101 N.Y.S.3d 872

2019 NY Slip Op 05582

Iver O. Whittingham, Respondent, v. McDonald's Corporation, Defendant, and 395 Flatbush, Inc., Appellant.

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

Decided July 10, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that on May 14, 2015, he was waiting in line inside a McDonald's restaurant located on 395 Flatbush Avenue in Brooklyn, which at the time was owned and operated by the defendant 395 Flatbush, Inc. (hereinafter the owner), when two girls in line behind him began to fight. It is undisputed that the plaintiff tried to intercede to help break up the fight...

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