Allan v. Keystone Nineties, Inc.

Judgment unanimously reversed, with costs, complaint reinstated and a new trial granted in accordance with the following memorandum: Appellants were employed as New York State Troopers when the vehicle in which they were sitting was struck from behind by a vehicle operated by John Maroney. At the time of the accident Maroney was on his way home from the respondent’s Keystone Nineties Tavern where he had spent most of the evening. Appellants brought this action against respondent under the so-called Dram Shop Act (General Obligations Law, § 11-101). At the close of appellants’ case the trial…