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COSTA v. 1648 SECOND AVE. REST. INC.

221 A.D.2d 299 (1995)

634 N.Y.S.2d 108

Estelle Costa, Appellant, v. 1648 Second Avenue Restaurant Inc., Respondent, et al., Defendants

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

November 30, 1995

In this personal injury/wrongful death action, plaintiff alleged, inter alia, that shortly before the accident, defendant Restaurant had served alcohol to defendant Gatto, the hit-and-run driver, while he was already in an intoxicated state. Serving alcohol to a "visibly intoxicated" person not only is unlawful (Alcoholic Beverage Control Law § 65 [2]), but renders the server liable for injuries caused by the intoxicated person (General Obligations Law §...

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