Legal Opinion
Butler v. E.M.D. Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999PublishedCited by 2 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of E.M.D. Enterprises, Inc., d/b/a The Country Club, and Eugene Dinino (defendants) for summary judgment dismissing the complaint against them. Plaintiff was injured at about 2:00 a.m. when she was slashed by a razor blade during an altercation with defendant Kara Cohen. Plaintiff and Cohen were patrons at The Country Club, a nightclub owned and operated by defendants.
“A tavern owner owes a duty to his patrons to protect them from personal attack when he has reasonable cause to anticipate conduct…
2Cases cited7 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Silver v. Sheraton-Smithtown InnAppellate Division of the Supreme Court of the State of New York · 1986
- Stevens v. KirbyAppellate Division of the Supreme Court of the State of New York · 1982
- Cittadino v. DeGironimoAppellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Barry v. GoreckiAppellate Division of the Supreme Court of the State of New York · 2007
- Estate of Morgan v. Whitestown American Legion Post No. 1113Appellate Division of the Supreme Court of the State of New York · 2003