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GARDA v. PARAMOUNT THEATRE, LLC

2015-05553, Index No. 64691/13.

145 A.D.3d 964 (2016)

2016 NY Slip Op 08841

44 N.Y.S.3d 163

JOHN GARDA, Respondent, v. PARAMOUNT THEATRE, LLC, Respondent, and ARROW SECURITY, INC., Appellant.

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

Decided December 28, 2016.

Ordered that the order is affirmed, with costs to the defendant-respondent.

In this action to recover damages for personal injuries, the plaintiff alleged that, on October 16, 2012, he was injured by an intoxicated patron, a nonparty identified as "John Doe," on premises owned by the defendant Paramount Theatre, LLC (hereinafter Paramount). Although the verified complaint and bill of particulars do not specify the precise nature of the plaintiff's employment, it is...

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