Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.
It is well established that in order to sustain a Dram Shop cause of action, a plaintiff must offer evidence that the party to whom liquor was sold acted or appeared to be visibly intoxicated at the time of the sale. (see, General Obligations Law § 11-101 [1]; Alcoholic Beverage Control Law § 65 [2]; Nehme v Joseph...
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