ROSS v. ROBERTA BAR & GRILL, INC.


83 A.D.2d 550 (1981)

David S. Ross, an Infant, by His Father and Natural Guardian, Steven Ross, Appellant, v. Roberta Bar and Grill, Inc., Doing Business as White Shutter Inn, et al., Respondents

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

July 6, 1981


Judgment reversed, on the law, and matter remitted to the Supreme Court, Queens County, for a new trial, with costs to abide the event.

Included within plaintiff's pleadings pursuant to the Dram Shop Act (General Obligations Law, § 11-101) was the allegation that the respondent bar, by its agents or employees, negligently sold alcohol to a patron who allegedly assaulted the plaintiff. Furthermore, plaintiff averred that one of the bar's agents or employees assaulted...

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