Blazynski v. Gallagher

Appellate Division of the Supreme Court of New York

Blazynski v. Gallagher

187 A.D.2d 1018, 590 N.Y.S.2d 365, 1992 N.Y. App. Div. LEXIS 14063

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1992·Published·Cited by 3 cases

Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant The Trolley Stop was entitled to summary judgment dismissing plaintiffs common-law negligence cause of action against it because the accident occurred beyond The Trolley Stop’s sphere of control (see, Delamater v Kimmerle, 104 AD2d 242; Wright v Sunset Recreation, 91 AD2d 701). We conclude, however, that the court properly denied The Trolley Stop’s motion for summary judgment with respect to plaintiffs Dram Shop cause of action because plaintiff raised a triable issue of fact whether the driver who injured plaintiff was visibly intoxicated when she was sold alcoholic beverages at The Trolley Stop (see generally, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067-1068; cf, Terbush v Buchman, 147 AD2d 826). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Den-man, P. J., Pine, Lawton, Boehm and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant The Trolley Stop was entitled to summary judgment dismissing plaintiffs common-law negligence cause of action against it because the accident occurred beyond The Trolley Stop’s sphere of control (see, Delamater v Kimmerle, 104 AD2d 242; Wright v Sunset Recreation, 91 AD2d 701). We conclude, however, that the court properly denied The Trolley Stop’s motion for summary judgment with respect to plaintiffs Dram Shop cause of action because plaintiff raised a triable issue of fact whether the driver who injured plaintiff was visibly intoxicated when she was sold alcoholic beverages at The Trolley Stop (see generally, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067-1068; cf, Terbush v Buchman, 147 AD2d 826). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Den-man, P. J., Pine, Lawton, Boehm and Doerr, JJ.

Blazynski v. Gallagher, 187 A.D.2d 1018, 590 N.Y.S.2d 365, 1992 N.Y. App. Div. LEXIS 14063 (N.Y. Ct. App. 1992).

Pincite

187 A.D.2d 1018 (Blazynski v. Gallagher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related