Moyer v. Lo Jim Cape, Inc.

Judgment unanimously reversed on the law and on the facts, with costs to appellant, and complaint dismissed. The complaint in this action, as amplified by the bill of particulars, alleges that the injury received by plaintiff, a patron in the cafe of defendant, was occasioned by the negligent acts of defendant and the maintenance of “the establishment contrary to the rights granted to [defendant] by the State Liquor Authority”. The trial court charged that portion of the provisions of section 65 of the Alcoholic Beverage Control Law prohibiting the sale or gift of any alcoholic beverage to an…