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RUSSELL KUZMACK, Respondent, v. MILDRED WALSH et al., Doing Business as WALSH'S BROADWAY GRILL, Appellants

Per Curiam.

Defendants were under a duty to use ordinary care to protect their patrons from injury from causes reasonably to be anticipated ( Burgess v. Garfield 49th St., 1 Misc.2d 60; Schubart v. Hotel Astor, 168 Misc. 431, affd. 255 App. Div. 101 2, affd. 281 N.Y. 597). The sudden, unexpected and unprovoked assault on plaintiff by several other patrons was not such an act which the defendants could reasonably be expected to have foreseen or to have guarded against. No actionable negligence on their part was otherwise established.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Judgment reversed, etc.

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KUZMACK v. WALSH
(Jan 17, 1957)