From Casetext: Smarter Legal Research

Duran v. Poggio

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1997
244 A.D.2d 162 (N.Y. App. Div. 1997)

Opinion

November 6, 1997

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).


Defendant restaurant's moving papers failed to satisfy its initial burden of negating that Poggio was visibly intoxicated, and thus the restaurant's motion for summary judgment was properly denied (see, Costa v. 1648 Second Ave. Rest., 221 A.D.2d 299; Cadieux v. D. B. Interiors, 214 A.D.2d 323). While the restaurant's bartender testified that Poggio did not appear visibly intoxicated when he first entered the bar, the restaurant did not submit any evidence that Poggio was not visibly intoxicated when the bartender served him another drink approximately 45 minutes later, and the bartender conceded that others at the bar, including "the bar itself", could have bought Poggio drinks that evening.

Concur — Milonas, J.P., Ellerin, Wallach and Rubin, JJ.


Summaries of

Duran v. Poggio

Appellate Division of the Supreme Court of New York, First Department
Nov 6, 1997
244 A.D.2d 162 (N.Y. App. Div. 1997)
Case details for

Duran v. Poggio

Case Details

Full title:LUIS DURAN, Individually and as Administrator of the Estate of GENITH A…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 6, 1997

Citations

244 A.D.2d 162 (N.Y. App. Div. 1997)
663 N.Y.S.2d 572

Citing Cases

Haesler v. N.Y. Athletic Club of N.Y.

The testimony by Machin and Simon that NYAC bartenders were trained in serving alcohol does not establish…

Sneider v. AB Green Gansevoort, LLC

While a video of the assault itself was submitted on a prior motion, neither party submitted it on this…