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BAKER III v. JOHN HARVARDS BREW HOUSE, LLC

43 A.D.3d 840 (2007)

840 N.Y.S.2d 922

THOMAS H. BAKER III, Respondent, v. JOHN HARVARDS BREW HOUSE, LLC, et al., Defendants, and PATRICIA ANN COTTAGE PUB, INC., Appellant.

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

Decided September 11, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that triable issues of fact exist as to whether the plaintiff caused or procured the intoxication of the driver of the vehicle involved in the accident which resulted in his alleged injuries (see Mitchell v The Shoals, Inc., 19 N.Y.2d 338, 341 [1967]), and was thereby precluded from recovering damages under the Dram Shop Act (see

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