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ESQUIVEL v. HARD EIGHT REST. CO., LLC

2019-09642. Index No. 513672/18.

219 A.D.3d 463 (2023)

194 N.Y.S.3d 255

2023 NY Slip Op 04110

Andrew R. Esquivel III, Individually and as Administrator of the Estate of Andrew Boyd Esquivel, Deceased, et al., Respondents, v. Hard Eight Restaurant Company, LLC, Doing Business as The Whiskey Brooklyn, et al., Appellants, et al., Defendants.

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

Decided August 2, 2023.

Attorney(s) appearing for the Case

Kiernan Trebach, LLP, New York, NY ( Gail L. Ritzert and Steven H. Rosenfeld of counsel), for appellants Hard Eight Restaurant Company, LLC, George C. Ruotolo III, Justin Ruotolo, Robert M. Magill, James P. Wiseman, and John W. Wiseman.

Nicoletti Spinner Ryan Gulino Pinter LLP, New York, NY ( Matthew G. Corcoran and Michael Brown of counsel), for appellants East Third Restaurant Corp., 79 Restaurant Corp., and 36 Wilson Restaurant Company, LLC.

Kishner Miller Himes, P.C., New York, NY ( Ryan O. Miller and Jonathan Cohen of counsel), for appellants Meane Joe Greene, LLC, and Graham Avenue Restaurant Company, Inc.

Kramer, Dillof, Livingston & Moore, New York, NY ( Matthew Gaier and Gerry Oginski of counsel), for respondents.

Dillon, J.P., Wooten, Ford and Wan, JJ., concur.

In an action, inter alia, to recover damages for personal injuries, the defendants Hard Eight Restaurant Company, LLC, George C. Ruotolo III, Justin Ruotolo, Robert M. Magill, James P. Wiseman, and John W. Wiseman appeal, the defendants East Third Restaurant Corp., 79 Restaurant Corp., and 36 Wilson Restaurant Company, LLC, separately appeal, and the defendants Meane Joe Greene, LLC, and Graham Avenue Restuarant Company, Inc.,...

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