Murphy v. Chaos

Order, Supreme Court, New York County (Louis B. York, J.), entered November 12, 2004, which granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

No triable factual issue is raised as to whether defendant Kalhmini was intoxicated or impaired at the time of his altercation with plaintiff, much less as to whether defendant nightclub Chaos furnished Kallimini with alcohol or caused him to become intoxicated prior to the altercation. Accordingly, summary judgment was properly granted dismissing plaintiffs claims…