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FILIBERTO v. HERK'S TAVERN, INC.

37 A.D.3d 1007 (2007)

830 N.Y.S.2d 813

MARGARET FILIBERTO, Individually and as Parent and Guardian of PATRICK FILIBERTO, an Infant, and as Administrator of the Estate of THOMAS R. FILIBERTO, Deceased, Respondent, v. HERK'S TAVERN, INC., et al., Appellants.

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

Decided February 22, 2007.

Kane, J.

Thomas R. Filiberto (hereinafter decedent) arrived at a bar owned by defendant Herk's Tavern, Inc. and consumed numerous alcoholic beverages, staying until closing time. Defendant Phillip R. Bracchi, the bartender who served decedent, was the sole owner, officer and employee of Herk's Tavern, as well as a personal friend of decedent. Decedent customarily went to Herk's Tavern after work on Thursday nights, stayed until closing, then went out to eat with Bracchi...

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