Marcin Kurzatkowski Wins Summary Judgment In Westchester County
On October 7, 2016, Marcin Kurzatkowski won summary judgment dismissing the plaintiff’s complaint in Yi v. Open Karaoke Corp., Index No. 51789/2014 (Sup. Ct. Westchester County). The plaintiff claimed that he was injured as a result of an altercation at a karaoke bar, and brought an action against the owners of the bar for negligent hiring and a civil rights violation. Mr. Kurzatkowski argued that the plaintiff initiated the altercation, the defendants’ employee did not strike the plaintiff, the defendants had no notice of the alleged assaultive behavior of the employee, and the defendants did not violate the plaintiff’s civil rights because they were not acting under color of law and there was no evidence of an alleged conspiracy between the defendants and the police to falsely arrest the plaintiff. The Court dismissed the plaintiff’s complaint against the defendants.