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CASIMIRO v. THAYER

229 A.D.2d 958 (1996)

645 N.Y.S.2d 243

Andrew E. Casimiro, Individually and as Administrator of The Estate of Rosemarie Casimiro, Deceased, Appellant, v. Chris S. Thayer et al., Defendants, and Charleen Bowman, Individually and Doing Business as Oswego Plaza Liquors, Respondent

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

July 12, 1996

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendant Charleen Bowman, individually and doing business as Oswego Plaza Liquors, for summary judgment dismissing the complaint against her. Bowman is not liable under the Dram Shop Act (General Obligations Law § 11-101) because she did not sell alcohol to defendant Chris S. Thayer, the alleged tortfeasor, or unlawfully assist in procuring...

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