CONRAD v. BAYSIDE BOWLING & RECREATION CTR., INC.


209 A.D.2d 467 (1994)

619 N.Y.S.2d 637

Sanford Conrad, Respondent, v. Bayside Bowling and Recreation Centre, Inc., Doing Business as Avanti, Appellant, et al., Defendants

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

November 14, 1994


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff's allegation that his assailants were intoxicated, upon which his claim of a Dram Shop violation is predicated, is conclusory and unsubstantiated and thus insufficient to have created a triable issue of fact (see...

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