You are here: / / Question of Fact Whether Tavern Served Visibly Intoxicated Defendant

Question of Fact Whether Tavern Served Visibly Intoxicated Defendant

The Third Department determined the defendant tavern was unable to exclude the possibility defendant driver was served alcohol after defendant driver was visibly intoxicated in violation of General Obligations Law 11-101:

In order to establish its entitlement to summary judgment, the Tavern was required to present evidence excluding the possibility that it served [defendant driver] alcohol when she was visibly intoxicated (see Alcoholic Beverage Control Law § 65 [2]…).  Hurtado… v Williams, 516727, 3rd Dept 12-5-13

 

You might also like
Standard for Upward Child Support Modification, Agreement Incorporated But Not Merged.
SUMMARY JUDGMENT, BASED IN PART ON THE COLLATERAL ESTOPPEL EFFECT OF RESPONDENT’S CONVICTION FOR ENDANGERING THE WELFARE OF A CHILD, PROPERLY GRANTED (THIRD DEPT).
THERE IS NO INDICATION MOTHER WAS INFORMED OF HER COUNSEL’S WITHDRAWAL BEFORE THE PERMANENCY HEARING WAS HELD IN MOTHER’S AND COUNSEL’S ABSENCE; NEGLECT FINDING REVERSED; TWO DISSENTERS ARGUED NO APPEAL LIES FROM A DEFAULT AND MOTHER’S ONLY REMEDY IS A MOTION TO VACATE (THIRD DEPT).
Claimant Who Provided Computer-Training for Company’s Clients Properly Found to Be Employee of Company
Presumption of Validity of Property Tax Assessment Rebutted
Benefits Awarded for Psychic Injury (Stress) Affirmed
Defendant’s Failure to Appear at Pre-Trial Conference Did Not Warrant Striking Answer
DEFENDANTS MOTION TO VACATE THE DEFAULT BASED UPON LAW OFFICE FAILURE AND PROOF OF A MERITORIOUS DEFENSE SHOULD HAVE BEEN GRANTED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Defendant’s Snow Removal Practices May Have Caused Icy Condition in Parking... No Question of Fact About Whether Defendant Was Strictly Liable for Actions...