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KEELEY v. TRACY

301 A.D.2d 501 (2003)

753 N.Y.S.2d 141

SEAN KEELEY, Respondent, v. JOHN J. TRACY et al., Appellants. (And a Third-Party Action.)

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

Decided January 13, 2003.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff was injured when the car in which he was a passenger struck a wall. The driver of the car allegedly had been drinking in a bar prior to the accident. The plaintiff commenced an action against the driver, but a Dram Shop action (see General Obligation Law § 11-101) was not commenced against the bar before the statute of limitations expired. The plaintiff thereupon...

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