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FOWLER v. TAFFE

152 Misc.2d 343 (1990)

Richard Fowler, Plaintiff, v. Thomas Taffe et al., Defendants and Third-Party Plaintiffs. Frank's Continental Cookery, Inc., Doing Business as Country Club Cafe, Third-Party Defendant.

Supreme Court, Bronx County.

October 1, 1990

Attorney(s) appearing for the Case

Duncan B. Hume for third-party defendant. Arthur R. Calger for plaintiff. Andrew Risoli for defendants and third-party plaintiffs.

ALAN J. SAKS, J.

The question posed by this motion to dismiss the third-party complaint is whether the owner and operator of a motor vehicle who are sued by a plaintiff pedestrian struck by said vehicle may seek contribution from a tavern that allegedly violated the Dram Shop Act (General Obligations Law § 11-101) by illegally selling liquor to the plaintiff, thereby causing him to wander into the roadway...

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