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POPPKE v. PORTUGESE AMERICAN CLUB OF MINEOLA

2010-08065.

85 A.D.3d 751 (2011)

924 N.Y.S.2d 834

2011 NY Slip Op 5038

THERESA POPPKE, Respondent, v. PORTUGESE AMERICAN CLUB OF MINEOLA et al., Appellants, et al., Defendant.

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

Decided June 7, 2011.

Ordered that the order is affirmed, with one bill of costs.

In order to establish entitlement to recovery pursuant to a cause of action under General Obligations Law § 11-101 (1), a plaintiff is required to prove, inter alia, that the defendant sold alcohol to a person who was visibly intoxicated (see Adamy v Ziriakus, 92 N.Y.2d 396, 400 [1998]; Romano v Stanley, 90 N.Y.2d 444

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