The motion is in all respects denied. The complaint in essence alleges that plaintiff was assaulted by a patron of defendant's tavern on May 2, 1958 at Sylvan Beach, New York, and that the assailant was intoxicated and "was under the influence of intoxicating liquors which the defendant unlawfully served to said person" as set forth therein.
The complaint appears to be in usual form...
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