Flower v. Maryliz Food & Drink Corp.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Rosato, J.), entered November 14, 1985, which granted the plaintiff’s motion for leave to enter a default judgment.

*677Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the motion is denied.

In this case, the complaint asserts causes of action to recover damages for negligence and violation of the Dram Shop Act (General Obligations Law § 11-101 et seq.), for injuries arising out of an assault upon the plaintiff on…