Ferber v. Valjon, Inc.

NEW YORK COURT OF APPEALS DENIES PLAINTIFF’S MOTION FOR LEAVE TO APPEAL IN DRAM SHOP ACTION HANDLED BY JOHN SOCOLOW.

The plaintiff suffered a traumatic double leg amputation and filed suit against three bars that served alcohol to an underage customer. Two of the defendants paid significant sums to settle the case. The remaining defendant, Valjon, Inc. d/b/a Hacienda (“Hacienda”), filed a cross-motion for summary judgment, which was granted by the Supreme Court of the State of New York, Orange County. The Appellate Division, Second Department, affirmed the Supreme Court’s decision. Plaintiff sought further review by both the Appellate Division and, ultimately, by the New York Court of Appeals. On March 26, 2019, the New York Court of Appeals denied plaintiff’s motion for leave to appeal, bringing this seven-figure exposure case to a close.

John Socolow, a partner in Fitzpatrick & Hunt, Pagano, Aubert, LLP's New York and Connecticut offices, handled this case from start to finish, including preparing all of the briefs and arguing the motion for summary judgment before the New York State Supreme Court and the appeal before the Appellate Division.