The defendant was granted summary judgment dismissing plaintiff's cause of action brought under the Dram Shop Act, codified at General Obligations Law § 11-101. A witness testified that the plaintiff's assailant did not appear visibly intoxicated when the defendant served him two drinks. This evidence is enough to make out a prima facie showing that the assailant was not visibly intoxicated at the time he was served alcohol, since it is clear from the record that he was not served from that time until he attacked the plaintiff. In opposition, the plaintiff failed to raise a triable issue of fact.
Ricaurte v. Inwood Beer Garden & Bistro Inc., NY Slip Op 07242 (1st Dep't November 9, 2018)
Here is the decision.
