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KING v. EES-TEE REST., INC.

36 A.D.2d 680 (1971)

Ronald King, Plaintiff, v. Ees-Tee Restaurant, Inc., Defendant and Third-Party Plaintiff-Respondent. George L. Smith, Jr., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 18, 1971

Order unanimously reversed, with costs, motion granted and third-party complaint dismissed.

Memorandum:

The third-party defendant (Smith) appeals from an order denying his motion to dismiss the third-party complaint. Plaintiff's complaint states a cause of action under the "Dram Shop Act" (General Obligations Law, § 11-101; Alcoholic Beverage Control Law, §§ 65, 130, subd. 3) as well as a cause of action in negligence. The sale of intoxicating...

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