Campbell v. Lorenzo's Pizza Parlor, Inc.

OPINION OF THE COURT

Cosmo J. Di Tucci, J.

In these causes of action by plaintiff and his wife sounding *1023in negligence, which include allegations that defendants violated Alcoholic Beverage Control Law § 65 (2) and General Obligations Law § 11-101 (hereinafter Dram Shop Act), defendants move for summary judgment.

On February 22, 1986, plaintiff James Campbell and his wife Bernice stopped at an ice cream store to purchase some ice cream. Plaintiff, a New York City police officer at the time, was off duty. While his wife went into the store, he stayed outside to park the car. As he was waiting for…