Practice point: With the exception of a Dram Shop Act violation, the standard of care for a nightclub operator is the same as for any premises operator.
Students should note that, under the Dram Shop Acts, codified at General Obligations Law § 11-101 and Alcoholic Beverage Control Law § 65, liability requires a commercial sale of alcohol.
Case: Zamore v. Bar None Holding Co., NY Slip Op 04275 (1st Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion Practice.
