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BOYEA v. AUBIN

65 A.D.3d 736 (2009)

883 N.Y.S.2d 808

JACK BOYEA et al., Respondents, v. WESLEY JAMES AUBIN et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 6, 2009.

Peters, J.P.

Plaintiff Joan Boyea (hereinafter plaintiff), a patron at a Ponderosa restaurant owned and operated by defendant West End Properties, LLC in the City of Plattsburgh, Clinton County, was struck in the back of the head during a melee that erupted between the restaurant's general manager, defendant Wesley James Aubin, and a disgruntled customer. Plaintiff and her husband, derivatively, thereafter commenced this action against, among others, West End Properties...

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