Jarzabek v. Tucci

— Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing plaintiffs "Dram Shop” cause of action (see, General Obligations Law § 11-101). "A defendant moving for summary judgment has the initial burden of coming forward with admissible evidence * * * reciting the material facts and showing that the cause of action has no merit” (GTF Mktg. v Colonial Aluminum Sales, 66 NY2d 965, 967). That burden was not met by defendant. On the crucial issue whether defendant sold, delivered or gave away…