McDONOUGH v. DRYDEN MUTUAL INSURANCE COMPANY


276 A.D.2d 817 (2000)

713 N.Y.S.2d 787

DAVID McDONOUGH et al., Appellants, v. DRYDEN MUTUAL INSURANCE COMPANY, Respondent.

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

Decided October 5, 2000.


Carpinello, J.

This declaratory judgment action arises out of a motor vehicle accident which occurred on November 19, 1994 when Keith Conrade walked onto a highway and was struck by a motor vehicle after consuming alcoholic beverages at a tavern owned and operated by plaintiffs. Conrade and his wife thereafter commenced an action to recover damages for personal injuries and loss of services, alleging that plaintiffs were negligent in serving Conrade alcoholic beverages...

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