Stevens v. Kellar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (Dowd, J.), entered December 20, 2012 in Chenango County, which granted a motion by defendant Town of New Berlin for summary judgment dismissing the complaint against it.
On the evening of October 29, 2008, plaintiff drove to the South Town Pub in the hamlet of South New Berlin, Town of New Berlin, Chenango County to “hang out.” The establishment was offering a “dollar can night” promotion and, between approximately 7:15 p.m. that evening and 12:30 a.m. the following morning, plaintiff consumed approximately 12 cans of beer. Shortly before closing,…
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