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KOHLER v. WRAY

114 Misc.2d 856 (1982)

Donald B. Kohler, Jr., Plaintiff, v. Jack Wray, Defendant. Donald B. Kohler, Jr., Plaintiff, v. Vicki Wray, Defendant.

Supreme Court, Steuben County.

July 14, 1982

Attorney(s) appearing for the Case

Ziff, Weiermiller, Learned & Hayden (Philip C. Learned of counsel), for plaintiff. Buck, Gleckner, Danaher & Harpending (Arlington Gleckner of counsel), for defendants.

DAVID O. BOEHM, J.

This is a motion to dismiss the complaint of plaintiff, Donald Kohler, Jr., or, in the alternative, for summary judgment. Plaintiff's claim against defendants Jack and Vicki Wray is grounded upon common-law negligence and violation of the Dram Shop Act (General Obligations Law, § 11-101).

It appears that on February 21, 1981, the defendants invited several friends to their home for a housewarming party which featured a...

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