Costa v. 1648 Second Avenue Restaurant Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Luis A. Gonzalez, J.), entered September 14,1994, which dismissed the complaint as against defendant 1648 Second Avenue Restaurant Inc. on said party’s motion for summary judgment, unanimously reversed, on the law, the motion is denied and the complaint is reinstated, without costs.
In this personal injury/wrongful death action, plaintiff alleged, inter alia, that shortly before the accident, defendant Restaurant had served alcohol to defendant Gatto, the hit-and-run driver, while he was already in an intoxicated state. Serving alcohol to a "visibly…
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