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DEUBELL v. FORKS FIRE DIST. NUMBER THREE

175 A.D.2d 608 (1991)

Kenneth L. Deubell, as Administrator of The Estate of Jacqueline A. Deubell, Deceased, Respondent, v. Forks Fire District Number Three et al., Appellants, et al., Defendants

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

July 12, 1991

Order unanimously affirmed with costs.

Memorandum:

In this Dram Shop case, the moving defendants failed to establish a prima facie defense sufficient to warrant judgment as a matter of law, and the burden never shifted to plaintiff to raise a triable issue of fact (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851

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