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SOTO v. MONTANEZ

201 A.D.2d 875 (1994)

608 N.Y.S.2d 36

Ilde A. Soto et al., Appellants-Respondents, v. Elisio Montanez et al., Respondents-Appellants, and Greyhound Food Management, Inc., Respondent. (Appeal No. 1.)

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

February 4, 1994

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not err in dismissing plaintiffs' Dram Shop cause of action against defendants Casey and Montanez. Montanez was intoxicated when alcoholic beverages were sold or furnished to him. Casey was the owner of the vehicle driven by Montanez. Montanez's conduct in procuring alcoholic beverages while intoxicated does not constitute "assisting in procuring liquor for such intoxicated person" within...

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