Blazynski v. Gallagher
| Decision Date | 18 November 1992 |
| Citation | 187 A.D.2d 1018,590 N.Y.S.2d 365 |
| Parties | Tamara L. BLAZYNSKI, Respondent, v. Judith A. GALLAGHER, Den-Nel's Lounge, Edward Metzger, d/b/a Metzger's Pub, and Mary Metzger, d/b/a Metzger's Pub, Respondents, and David Morgan, d/b/a The Trolley Stop, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Roemer and Featherstonhaugh, P.C. by Denis Hurley, Albany, for appellant, David Morgan d/b/a The Trolley Stop.
Paul William Beltz, P.C. by Robert Nichols, Buffalo, for respondent, Tamara L. Blazynski.
Quinn and McGarry, Buffalo, for respondent, Judith Gallagher.
Danieu & Attea, North Boston, for respondent, Den-Nel's Lounge.
Gerald P. Gorman, Buffalo, for respondent, Metzger.
Before DENMAN, P.J., and PINE, LAWTON, BOEHM and DOERR, JJ.
Defendant The Trolley Stop was entitled to summary judgment dismissing plaintiff's common-law negligence cause of action against it because the accident occurred beyond The Trolley Stop's sphere of control (see, Delamater v. Kimmerle, 104 A.D.2d 242, 484 N.Y.S.2d 213; Wright v. Sunset Recreation, 91 A.D.2d 701, 457 N.Y.S.2d 606). We conclude, however, that the court properly denied The Trolley Stop's motion for summary judgment with respect to plaintiff's Dram Shop cause of action because plaintiff raised a triable issue of fact whether the driver who injured plaintiff was visibly intoxicated when she was sold alcoholic beverages at The Trolley Stop (see generally, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067-1068, 416 N.Y.S.2d 790, 390 N.E.2d 298; cf., Terbush v. Buchman, 147 A.D.2d 826, 537 N.Y.S.2d 916).
Order unanimously modified on the law and as modified affirmed.
To continue reading
Request your trial
-
Adamy v. Ziriakus
...fact whether the driver who injured plaintiff was visibly intoxicated when she was sold alcoholic beverages at The Trolley Stop" (Blazynski v. Gallagher, supra ). The records in those cases reveal that, as here, the moving defendants submitted competent proof from bartenders and patrons tha......
- People v. Wright
-
Lihs Beverages, Inc. v. New York State Liquor Authority
...petitioner's guilt was eliminated by that amendment (see, Donato v. McLaughlin, 195 A.D.2d 685, 599 N.Y.S.2d 754; Blazynski v. Gallagher, 187 A.D.2d 1018, 590 N.Y.S.2d 365). Consequently, we annul the determination and remit the matter to the SLA to evaluate the proof adduced at the hearing......