Shank v. Riker Restaurants Associates, Inc.

Edgab J. Nathan, Jk., J.

This is an action by Joseph F. Shank to recover damages for personal injuries alleged to have been sustained solely as a result of the negligence of the defendant.

At about 4:25 a.m., on April 4, 1959, plaintiff and a female companion entered the defendant’s restaurant, which does not serve any alcoholic beverages, located at 1011 Third Avenue in the Borough of Manhattan, seated themselves at the counter and ordered coffee. The restaurant contained a horseshoe-shaped counter with 31 stools, served by a manager, a cook, a counter-girl and a porter. There were…