Legal Opinion
Filiberto v. Herk's Tavern, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1999PublishedCited by 2 opinions
1Opinion of the CourtGraffeo, J.
Appeal from an order of the *918Supreme Court (Best, J.), entered January 14, 1998 in Montgomery County, which, inter alia, denied a motion by defendant MJM Diner, Inc. for summary judgment dismissing the complaint against it.
Thomas R. Filiberto (hereinafter decedent) spent the early morning hours of December 27, 1991 consuming alcoholic beverages at Herk’s Tavern located in the City of Amsterdam, Montgomery County. When the tavern closed at 4:00 a.m., defendant Philip R. Bracchi, the tavern’s proprietor, drove decedent to MJM Diner to eat. A waitress served the men two hot roast beef sandwiches…
2Cases cited10 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Romano v. StanleyNew York Court of Appeals · 1997
- O'Leary v. American AirlinesAppellate Division of the Supreme Court of the State of New York · 1984
- Rutnik v. Colonie Center Court Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Vandenburg v. BrosnanNew York Court of Appeals · 1988
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3Cited by2 opinions
- Filiberto v. Herk's Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Nyerges v. Hillstone Restaurant Group IncorporatedDistrict Court, D. Arizona · 2021