Darwish v. City of New York

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about December 22, 2000, which denied defendant tavern’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff testified at deposition that just prior to his encounter with the individual who assaulted him, he observed that individual leave defendant tavern in an obviously intoxicated condition. Given such testimony, it was incumbent upon defendant, as the proponent of a motion for summary judgment seeking dismissal of plaintiffs Dram Shop claims against it, to…