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INTERESTED UNDERWRITERS AT LLOYDS v. MIDGE RESTAURANT CORP.

283 A.D.2d 459 (2001)

724 N.Y.S.2d 632

INTERESTED UNDERWRITERS AT LLOYDS, Appellant, v. MIDGE RESTAURANT CORP., Doing Business as ENIGMA NIGHT CLUB, Defendant, and JOHN B. SACCO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment granting declaratory relief in favor of the defendant Midge Restaurant Corp., d/b/a Enigma Night Club.

The defendant John Battista Sacco allegedly was assaulted by another patron in a nightclub owned by the defendant Midge Restaurant Corp., d/b/a Enigma Night Club (hereinafter Midge). Thereafter, Sacco commenced a negligence action...

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