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BALLARD v. SIN CITY ENTERTAINMENT CORP.

20869/12. Appeal No. 12434. Case No. 2020-02995.

188 A.D.3d 554 (2020)

135 N.Y.S.3d 105

2020 NY Slip Op 06842

Andre Ballard et al., Appellants, v. Sin City Entertainment Corp. et al., Respondents, et al., Defendants.

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

Decided November 19, 2020.

Issues of fact remain as to defendants' control of the street in front of the club, where plaintiffs' assault occurred (see generally D'Amico v Christie, 71 N.Y.2d 76, 85 [1987]); whether defendants could or should have foreseen plaintiffs' assault, given not only the events that transpired in the club prior to the assault (see Ash v Fern, 295 A.D.2d 869 [3d Dept 2002]; Haber v Precision...

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