Fiegl v. 1695 Ridge Road Webster Inn Restaurant, Inc.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendants 1695 Ridge Road Webster Inn Restaurant, Inc. and Philip Cubiotti for summary judgment dismissing plaintiffs’ causes of action under the Dram Shop Act (General Obligations Law § 11-101).

*1025The accident which caused the injuries to plaintiff Dolores Fiegl and the deaths of plaintiff Mark Fiegl’s wife and child occurred shortly after codefendant Haydock left the Webster Inn. Although defendant submitted EBT testimony of several witnesses to the effect that Haydock did not exhibit any signs of…