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COFFEY v. ESPARRA

Nos. 5861, 116455/06.

88 A.D.3d 621 (2011)

931 N.Y.S.2d 600

2011 NY Slip Op 7579

WILLIAM COFFEY, Appellant, v. GLORYVETTE L. ESPARRA, Defendant, and 2427 RESTAURANT CORP., Doing Business as EUGENE, Respondent.

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

Decided October 27, 2011.

Plaintiff sufficiently stated a cause of action under the Dram Shop Act by referring in his complaint to General Obligations Law § 11-101 and alleging that the restaurant served alcohol to the visibly intoxicated driver (see Bongiorno v D.I.G.I., Inc., 138 A.D.2d 120, 123 [1988]; Morrissey v Sheedy, 26 A.D.2d 683 [1966]). Nevertheless, Supreme Court properly granted the restaurant's...

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