SCHWARTZ v. COHEN


204 Misc. 142 (1953)

Sam Schwartz, Plaintiff, v. Jack Cohen et al., Doing Business as Koncord Restaurant, Defendants.

Supreme Court, Trial Term, Kings County.

January 30, 1953.


Attorney(s) appearing for the Case

Alex J. Soled for plaintiff.

Arthur V. Lynch for defendants.


BRENNER, J.

This is an action to recover for injuries sustained as a result of an assault upon plaintiff by a fellow patron in a bar and grill owned by defendants.

The evidence is as follows: Prior to the assault one of the defendants saw the assailant, who had been dancing near the bar, attempt to steal plaintiff's pocketbook and then to flee the premises, without injury to the plaintiff. When the larceny...

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