The Second Department denied defendant's motion to preclude plaintiff from recovering damages under the Dram Shop Act, as codified at General Obligations Law § 11-101, because he caused or procured the intoxication of the driver of the vehicle involved in the accident which resulted in his alleged injuries, in Baker v, D.J. Stapleton, Inc., which was decided on September 11, 2007.

The court said that defendant failed to make the requisite showing that plaintiff played a much more affirmative role than that of drinking companion to the driver. In addition, the court noted that defendant had submitted deposition testimony which presented issues of credibility, and from which conflicting inferences could be drawn with respect to plaintiff's involvement in the driver's intoxication, and that this made summary judgment inappropriate.