Aughenbaugh v. Napper Tandy's of Northport

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Costello, J.), dated September 17, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.

The plaintiffs allege that they were involved in a collision with an intoxicated driver, who was served alcohol by the defendants while he was in a “visibly intoxicated” condition, in *746violation of…