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ARMSTRONG v. PETSCHE

172 A.D.2d 1079 (1991)

Richard O. Armstrong, Respondent, v. Peter Petsche, Doing Business as Peter's Bar, et al., Appellants

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

April 26, 1991

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Defendants are entitled to dismissal of the complaint for failure to state a cause of action. The Dram Shop Act does not create a cause of action in favor of one injured as a result of his own intoxicated condition (Sheehy v Big Flats Community Day, 73 N.Y.2d 629, 635; Mitchell v The Shoals,

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