Opinion
No. 425.
March 6, 2007.
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 12, 2005, which denied the motion by Beer Garden and E.M.D. Enterprises (the Roxy defendants) and the cross motion by M.A.S. Security for summary judgment, unanimously affirmed, without costs.
Costello, Shea Gaffney, LLP, Rockville Centre (Walter R. Marcus of counsel), for The Beer Garden, Inc. and E.M.D. Enterprises, Inc., appellants.
Law Offices of Carol R. Finocchio, New York (Lisa M. Comeau of counsel), for M.A.S. Security Agency, Inc., appellant.
Perecman Fanning, PLLC, New York (David Perecman of counsel), for respondent.
Before: Andrias, J.P., Friedman, Marlow, Nardelli and Catterson, JJ.
Plaintiff and his friends were evicted from the Roxy nightclub along with another group with whom they had argued. He was thereafter stabbed, allegedly by a member of the other group. Multiple issues of fact regarding defendants' liability preclude summary judgment.