Smith v. Blue Mountain Inn, Inc.

—Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Plaintiff sustained injuries when defendant Roy Kyler, a fellow patron of the Blue Mountain Inn, threw an ashtray at the bartender, and the ashtray instead hit plaintiff in the face. Supreme Court erred in granting that part of the motion of defendants Blue Mountain Inn, Inc. (Blue Mountain), the operator of the Blue Mountain Inn, John W. Ellison and Deborah Ruth Williams for summary judgment dismissing the Dram Shop cause of action against Blue Mountain. Blue…