Supreme Court of State of New York Issues Decision and Order, Grants Cross Motion in Summary Judgment of Dram Shop Case

The Supreme Court of the State of New York, Orange County, issued a Decision and Order granting a cross-motion for summary judgment filed by Valjon, Inc. d/b/a Hacienda (“Hacienda”), a Mexican restaurant in Goshen, New York. Hacienda was represented by John M. Socolow, a partner at Fitzpatrick & Hunt, Pagano, Aubert, LLP.

The Court concluded there was no violation of GOL §11-101, finding the Plaintiff, who suffered a traumatic double leg amputation in a single vehicle accident following a night of drinking, failed to raise a triable issue of fact as to whether Hacienda knew or should have had reason to believe, that the intoxicated driver of the vehicle in which the Plaintiff was a passenger at the time of the accident was underage.

The Plaintiff has appealed and Oral argument is set for early April.

* * * * *
Fitzpatrick & Hunt, Pagano, Aubert, LLP serves clients in diverse areas, such as aviation and aerospace; general products liability; premises/construction/labor law; cyber security; insurance coverage; entertainment/media and employment law. Our offices are based in New York City; White Plains, New York; Los Angeles; and New Jersey.