Opinion
4004.
Decided June 24, 2004.
Order, Supreme Court, New York County (Diane A. Lebedeff, J.), entered January 21, 2004, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Molod Spitz DeSantis, P.C., New York (Marcy Sonneborn of counsel), for appellant.
The Law Firm of Harry Issler, PLLC, New York (Daniel J. Dillon of counsel), for respondents.
Before: Nardelli, J.P., Ellerin, Williams, Lerner, Catterson, JJ.
Plaintiffs were injured at defendant's bar when they were attacked by another group of patrons. There is sufficient evidence that a triable issue exists as to whether defendant, through its agents, failed to intervene in a timely fashion in the altercation, in light of conflicting testimony as to the length of time that the incident lasted ( Banayan v. F.W. Woolworth Co., 211 A.D.2d 591, 592).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.