BAUSEMAN v. PAMDH ENTERS. INC.

Index No. 26314/16. Appeal No. 878. Case No. 2022-02429.

220 A.D.3d 561 (2023)

198 N.Y.S.3d 331

2023 NY Slip Op 05355

Allen Bauseman et al., Appellants, v. Pamdh Enterprises Inc., Doing Business as Katra Lounge, Respondent.

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

Decided October 24, 2023.


Attorney(s) appearing for the Case

Law Office of Daniel Levy, LLP, Bronx ( Daniel Levy of counsel), for appellants.

Kiernan Trebach, LLP, New York ( Steven H. Rosenfeld of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.


Order, Supreme Court, Bronx County (Leticia M. Ramirez, J.), entered on or about May 16, 2022, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing plaintiffs' claim based on violation of the Dram Shop Act, unanimously reversed, on the law, without costs, and plaintiffs' claim under General Obligations Law § 11-101 reinstated.

Defendant failed to establish its prima facie entitlement to summary...

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