Elkady v Very, Ltd.
2004 NY Slip Op 05550 [8 AD3d 197]
June 24, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2004


Chafic A. Elkady et al., Respondents,
v
Very, Ltd., Appellant.

[*1]

Order, Supreme Court, New York County (Diane A. Lebedeff, J.), entered January 21, 2004, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs were injured at defendant's bar when they were attacked by another group of patrons. There is sufficient evidence that a triable issue exists as to whether defendant, through its agents, failed to intervene in a timely fashion in the altercation, in light of conflicting testimony as to the length of time that the incident lasted (Banayan v F.W. Woolworth Co., 211 AD2d 591, 592 [1995]). Concur—Nardelli, J.P., Ellerin, Williams, Lerner and Catterson, JJ.