Milton v. I.B.P.O.E. of the World Forest City Lodge, 180
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McCarthy, J.R
Appeal from an order of the Supreme Court (Mulvey, J.), entered October 31, 2012 in Tompkins County, which granted defendant’s motion for summary judgment dismissing the complaint.
Defendant is a fraternal organization that owns a lodge building which contains a social room with a bar. One morning at approximately 1:30 a.m., plaintiff exited the main entrance of defendant’s lodge after drinking approximately 12 beers over the preceding 2x/2 hours. At that time, plaintiff had been a member of defendant’s lodge for approximately 14 years and its secretary for 12 years. As he walked…
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