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SOTO v. FRANK'S BEER & SODA, INC.

128 A.D.2d 604 (1987)

Pedro Soto, Appellant, v. Frank's Beer & Soda, Inc., Sued Herein as Frank Beer Distributors, Inc., Respondent

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

March 9, 1987

Ordered that the order is affirmed, with costs.

We find unpersuasive the plaintiff's contention that the court of first instance should have disregarded his claim pursuant to General Obligations Law § 11-101 (the Dram Shop Act) and denied the motion for summary judgment due to the existence of factual issues which were raised concerning his alleged cause of action in negligence. We agree that the Supreme Court, Nassau County, properly resolved the Dram Shop Act...

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