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COHEN v. BREAD & BUTTER ENTERTAINMENT LLC

2833, 105220/07

73 A.D.3d 600 (2010)

905 N.Y.S.2d 4

LISKULA COHEN, Appellant, v. BREAD & BUTTER ENTERTAINMENT LLC, Trading as ULTRA, Respondent, et al., Defendants.

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

Decided May 20, 2010.

Defendant's motion papers fail 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 floor manager, that plaintiff's assailant exhibited no visible signs of intoxication when the manager observed him ordering and being served a drink at the bar earlier...

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