Date: 09-08-1997

Case Style: Matthew Spatz v. Riverdale Greentree Restaurant, Inc., et al.

Case Number: Not Available

Judge: Wilkins

Court: Supreme Court, Bronx County, New York

Plaintiff's Attorney: Herman Schmertz of Gair, Gair, Conason, Steigman, and Mackauf, New York, New York.

Defendant's Attorney: Christopher J. Turpin.

Description: Compensatory Damages - Dram Shop Laws - Plaintiff sought compensatory and exemplary damages under the "Dram Shop" laws; (Alcoholic Beverage Control Law) for serious head and facial injuries sustained when defendant Joseph Stanton, an allegedly intoxicated patron at the bar of defedant Riverdale Greentree Restaurant, asaulted him; plaintiff also raised comman law claims that Greentree and its bartender acted negligently and with reckless disregard in failing to protect plaintiff from the attack. Stanton was arrested immediatly after the incident and pleaded guilty to a misdemeanor charge af assault.

Outcome: Jury awarded plaintiff $5,500 against defendant Riverdale Greentree Restaurant, Inc., and $24,750 against defendant Joseph Stanton.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: Judgment was unanimously reversed, on the law and the facts, and the matter remanded for a new trial on all issues. See: 682 N.Y.S.2d 371 (A.D.1 Dept. 1998). Reported by EMDH.