GEHRKE v. MUSTANG SALLY'S SPIRITS & GRILL, INC.

920 CA 19-00375.

179 A.D.3d 1476 (2020)

117 N.Y.S.3d 408

2020 NY Slip Op 00741

Kyle Gehrke, Respondent-Appellant, v. Mustang Sally's Spirits and Grill, Inc., Doing Business as Tiffany's Cabaret, et al., Appellants-Respondents.

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

Decided January 31, 2020.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the cross motion with respect to defendants' duty of care, and granting the motion and dismissing the amended complaint, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained during an arm wrestling competition that he initiated with one of defendants' employees while the...

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