Legal Opinion
Filiberto v. Herk's Tavern, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2007PublishedCited by 4 opinions
1Opinion of the CourtKane, J.
Appeal from a judgment of the Supreme Court (Best, J.), entered November 7, 2005 in Montgomery County, upon a decision of the court in favor of plaintiff.
Thomas R. Filiberto (hereinafter decedent) arrived at a bar owned by defendant Herk’s Tavern, Inc. and consumed numerous alcoholic beverages, staying until closing time. Defendant Phillip R. Bracchi, the bartender who served decedent, was the sole owner, officer and employee of Herk’s Tavern, as well as a personal friend of decedent. Decedent customarily went to Herk’s Tavern after work on Thursday nights, stayed until closing, then went out…
2Cases cited7 opinions
- Tagle v. JakobNew York Court of Appeals · 2001
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- Rivera v. Nelson Realty, LLCNew York Court of Appeals · 2006
- Castiglione v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 2002
- Livelli v. Teakettle Steak House, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- SEEGER, MARGARET A. v. THE MARKET PLACEAppellate Division of the Supreme Court of the State of New York · 2012
- Seeger v. MarketplaceAppellate Division of the Supreme Court of the State of New York · 2012