BUTLER v. NEW YORK CITY TRANSIT AUTHORITY


3 A.D.3d 301 (2004)

770 N.Y.S.2d 317

MICHAEL BUTLER, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant, and SPORTS BAR, Formerly Known as STAN'S SPORTS BAR, INC., et al., Appellants.

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

January 6, 2004.


Plaintiff alleges in the complaint that on November 1, 2001, he became intoxicated as a patron of defendant Sports Bar, by drinking alcohol served by defendant's employees, and that after leaving the bar he was struck by a subway train, resulting in injuries. He asserts claims against the tavern and its owners under the Dram Shop Act set forth in General Obligations Law § 11-101, as well as by operation of section 65 of the Alcoholic Beverage Control Law, and for negligence...

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