DYNARSKI v. U-CREST


112 Misc.2d 344 (1981)

Muriel Dynarski, Individually and as Administratrix of The Estate of Dianne M. Schauger, Deceased, Plaintiff, v. U-Crest Fire District et al., Defendants.

Supreme Court, Erie County.

March 12, 1981


Attorney(s) appearing for the Case

Watson, McGarvey, Hetzelt & Bennet (Joseph L. Watson of counsel), for Ray Kaiser, defendant. Koren, Bertell & Hoey (Benjamin J. Hoey of counsel), for Earl Newton and another, defendants. Barlow, Rosenthal, Siegel, Muenkel & Wolf (Jay N. Rosenthal of counsel), for plaintiff. Mark G. Farrell for U-Crest Fire District, defendant. Norman B. Lewis, P. C., for Richard Lee and another, defendants.


THOMAS F. McGOWAN, J.

Defendants Earl and Eleanor Newton and Ray Kaiser move for summary judgment dismissing the complaint. The facts construed most favorably to plaintiff are that on July 9, 1976, Dianne Schauger, then 14 years old, worked at a wedding reception held by the Newtons and Richard and Helen Lee at the U-Crest Volunteer Fire Department hall. Defendant Ray Kaiser tended bar at the reception. Dianne was served alcoholic beverages on that date...

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