JARZABEK v. TUCCI


155 A.D.2d 908 (1989)

Thaddeus A. Jarzabek, Appellant, v. Reginald Tucci, Sr., Doing Business as Club Utica, Respondent. (Appeal No. 2.)

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

November 15, 1989


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing plaintiff's "Dram Shop" cause of action (see, General Obligations Law § 11-101). "A defendant moving for summary judgment has the initial burden of coming forward with admissible evidence * * * reciting the material facts and showing that the cause of action has no merit" (GTF Mktg...

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