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McGOVERN v. 4299 KATONAH INC.

5 A.D.3d 239 (2004)

773 N.Y.S.2d 285

CATHERINE McGOVERN, Respondent, v. 4299 KATONAH INC., Appellant, et al., Defendant.

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

March 18, 2004.

With respect to the Dram Shop Act claim, defendant failed to satisfy its initial burden of negating the possibility that it served alcohol to a visibly intoxicated person (see Darwish v City of New York, 287 A.D.2d 407 [2001]). The affidavit of its bartender, that neither he nor another bartender served alcohol to a visibly intoxicated man on the night in question, does not mention a third bartender who worked that night (see...

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