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KAUFMAN v. QUICKWAY, INC.

No. 166 SSM 20.

14 N.Y.3d 907 (2010)

931 N.E.2d 516

905 N.Y.S.2d 532

JOSEPH E. KAUFMAN, Individually and as Administrator of the Estate of JOSEPH D. KAUFMAN, Deceased, et al., Appellants, v. QUICKWAY, INC., et al., Respondents.

Court of Appeals of New York.

Decided June 8, 2010.

Attorney(s) appearing for the Case

Alexander J. Wulwick , New York City, and Duane C. Felton , Staten Island, for appellants.

Law Firm of Frank W. Miller, East Syracuse ( Frank W. Miller of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this Dram Shop Act action involving a convenience store's allegedly illegal sale of alcohol to a visibly intoxicated customer who later caused a fatal traffic accident, the Appellate Division reversed Supreme Court's order denying defendants' motion for summary judgment, granted the motion, and dismissed the complaint. The Appellate Division held...

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