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082409_cohen

082409_cohen

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Published by: cityfile on Aug 25, 2009
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Cohen v Bread & Butter Entertainment LLC
2009 NY Slip Op 31844(U)August 17, 2009Supreme Court, New York CountyDocket Number: 105220/07Judge: Shirley Werner KornreichRepublished from New York State Unified CourtSystem's E-Courts Service.Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case.This opinion is uncorrected and not selected for officialpublication.
 
 
SCANNED
ON
811812009
[* 1 ]
 
Plaintiff,
Index
No.:
105220/07
DECISION
4
and
ORDER
%
’4
-against-
BREAD
&
BUTTER
ENTERTAJNMENT
LLC,
Trading
as
ULTRA,
THOMAS
TARDE,
and
SM
ERVISEVIC,
%
Defendants,
Q&
784%9
04&
%
I---._-_c__I_I-__-__-------c-----r--L-r------~--------~~-----------
X
*%p+30
KORNREICH,
SMRLEY
WERNER,
J.:
This
s
a
personal
injury
action
arising
from
an
assault
at
a
lounge
by
one
patron
against
’?
another.
PlaintifY,
the
injured
patron,
sued
the
lounge,
Bread
&
Butter
Entertainment LLC(Ultra),
Thomas
Tardie,
who
owns
96%
of
Ultra,
and
Sdr
Dervisevic,
the
patron
who
assaulted
her.Ultra
and
Tardie
(collectively
“movmts”)
now
move
for
summary
judgment.
CPLR
$3212.
heypreviously
moved
for
dismissal
pursuant
toCPLR
$321
(a)(7),
arguing
positions
much
the
same
as
those
asserted
here.
The
court
dismissed
the
second
came
of
action,
i.
e.,
the
Dram
Shop
claim,
as
against
Tardie
only. MovanQ
now
seek
dismissal
of
the
first
cause
of
action,
the
negligence
claim
and
dismissal
of
the
Dram
Shop
claim
as
against
Ultra
only.
They
argue
that:
1)
Ultra
is
not
liable
under
a
negligence
theory
since
the
assault
was
not
foreseeable;
2)
Tardie
is
not
personally
liable under
the
negligence
theory;
and
3)
Ultra
is
not
liable
under
the
General
Obligations
Law
$1
-101
and
Alcoholic
Beverage
Control
Law
$65(2)
(the
Dram
Shop
Act)
because
Dervisevic
was
not
served
alcohol
while
visibly
intoxicated. Plaintiff
opposes.
I.
Facts
1
[* 2 ]

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