Legal Opinion
James v. Terrace Tavern, LLC
New York Supreme Court
Decided November 6, 2014Published
1Opinion of the Court
OPINION OF THE COURT
John P. Colangelo, J.
During the evening of November 21, 2011 plaintiff Donovan James was shot on Liberty Street in Newburgh, New York by defendant Robert McKenzie. Plaintiff brought this action seeking compensation for injuries he sustained as a result of the shooting. McKenzie defaulted in answering the complaint herein and is currently serving a state prison sentence.
It is undisputed that prior to the shooting, McKenzie had been sitting at the bar of defendant Terrace Tavern, LLC (the Tavern or the Bar), with a gun concealed in his pocket. Plaintiff does not allege that…
2Cases cited14 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Basso v. MillerNew York Court of Appeals · 1976
- Pulka v. EdelmanNew York Court of Appeals · 1976
- D'Amico v. ChristieNew York Court of Appeals · 1987
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