DeJesus v Beer Garden, Inc. (2007 NY Slip Op 01812)

DeJesus v Beer Garden, Inc.

2007 NY Slip Op 01812 [38 AD3d 240]

March 6, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 9, 2007

Jason DeJesus, Respondent,
v
The Beer Garden, Inc., et al., Appellants, et al., Defendant.

—[*1] Costello, Shea & Gaffney, LLP, Rockville Centre (Walter R. Marcus of counsel), for The Beer Garden, Inc. and E.M.D. Enterprises, Inc., appellants.

Law Offices of Carol R. Finocchio, New York (Lisa M. Comeau of counsel), for M.A.S. Security Agency, Inc., appellant.

Perecman & Fanning, PLLC, New York (David Perecman of counsel), for respondent.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 12, 2005, which denied the motion by Beer Garden and E.M.D. Enterprises (the Roxy defendants) and the cross motion by M.A.S. Security for summary judgment, unanimously affirmed, without costs.

Plaintiff and his friends were evicted from the Roxy nightclub along with another group with whom they had argued. He was thereafter stabbed, allegedly by a member of the other group. Multiple issues of fact regarding defendants' liability preclude summary judgment. Concur—Andrias, J.P., Friedman, Marlow, Nardelli and Catterson, JJ.