Zuccari v. Hoffman

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of Wheatfield Post No. 1451 of the American Legion, Inc. (defendant) for summary judgment dismissing the complaint and any cross claims against it and denied plaintiffs cross motion for summary judgment. Plaintiffs decedent was killed when the all-terrain vehicle he was driving across the highway was struck by a pickup truck operated by defendant Robert G. Hoffman, Jr. Hoffman had become intoxicated while drinking beer at a picnic sponsored by the Groundhoggers Club, of which he was a member. The…