Stambach v. Pierce
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*330OPINION OF THE COURT
Pine, J.
Plaintiff William Stambach was 18 years old when he allegedly purchased beer from defendant Leon Pierce at the Cheshire Firemen’s Carnival on the evening of July 4, 1985. At about 1:19 a.m. on July 5, 1985, Stambach was riding on his motorcycle when he was seriously injured in an accident, allegedly because he was under the influence of alcohol served to him at the carnival.
In his complaint Stambach alleged, inter alia, a cause of action for negligence against Pierce. Special Term denied defendant’s motion pursuant to CPLR 3211 to dismiss that cause of action.
On a…
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