Wilder v. Nickbert Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: At the outset, we note that this appeal was taken from an order that was superseded by an amended order. In the exercise of our discretion, we treat the appeal as taken from the amended order (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988).
Supreme Court erred in denying that part of defendants’ motion for summary judgment dismissing the Dram Shop cause of action in this personal injury action arising from an altercation between plaintiff and…
2Cases cited4 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Cittadino v. DeGironimoAppellate Division of the Supreme Court of the State of New York · 1993
- Costa v. 1648 Second Avenue Restaurant Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Sahr v. SchmidliAppellate Division of the Supreme Court of the State of New York · 1997
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- Carver v. Carney'sAppellate Division of the Supreme Court of the State of New York · 2013
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