Supreme Court of State of New York Issues Decision and Order, Grants Cross Motion in Summary Judgment of Dram Shop Case

The Supreme Court of the State of New York, Orange County, issued a Decision and Order granting a cross-motion for summary judgment filed by Valjon, Inc. d/b/a Hacienda (“Hacienda”), a Mexican restaurant in Goshen, New York. Hacienda was represented by John M. Socolow, a partner at Fitzpatrick & Hunt, Pagano, Aubert, LLP.

The Court concluded there was no violation of GOL §11-101, finding the Plaintiff, who suffered a traumatic double leg amputation in a single vehicle accident following a night of drinking, failed to raise a triable issue of fact as to whether Hacienda knew or should have had reason to believe, that the intoxicated driver of the vehicle in which the Plaintiff was a passenger at the time of the accident was underage.

The Plaintiff appealed the decision. The appeal was argued on April 9, 2018. On May 30, 2018, the Appellate Division affirmed the Supreme Court's decision to grant summary judgment.

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