8/12/2019 Greco v. Begley, 772 N.Y.S.2d 367

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LEXSEE 772 NYS2D 367

Christopher Greco, Respondent, v. Thomas Begley et al., Respondents, and Dublin Pub,

Inc., Appellant. (Action No. 1.) (Index No. 26904/99) Kellie M. Howard et al., Plaintiffs, v

Thomas Begley et al., Defendants. (Action No. 2.) (Index No. 29635/95) Steve Ruhs,

Plaintiff, v Kellie M. Howard et al., Defendants. (Action No. 3.) (Index No. 2513/00) Laura

Kelly, Respondent, v Thomas Begley et al., Respondents, and Dublin Pub, Inc., Appellant.

(Action No. 4.) (Index No. 5739/00)

2002--11405

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND

DEPARTMENT

4 A.D.3d 505; 772 N.Y.S.2d 367; 2004 N.Y. App. Div. LEXIS 1871

January 16, 2004, Argued February 23, 2004, Decided

HEADNOTES: [***1] Intoxicating Liquors----Dram

Shop Act.----Appellant was entitled to judgment as matter

of law in Dram Shop actions (see General Obligations

Law 11--101) since it proffered evidence to show that

almost 20--year--old customer to whom it sold beer was

neither impaired nor intoxicated when she left its estab-

lishment, and even if she were, that her purported con-

dition was not reasonably or practically connected with

two--car accident in which she was involved only minutes

after she drove away from appellant's premises.

COUNSEL: Mahoney & Keane, LLP, New York, N.Y.

(Cornelius A. Mahoney of counsel), for appellant.

Baron Associates, P.C., Brooklyn, N.Y. (Richard T.

Hunter of counsel), for plaintiff--respondent in Action

No. 1.

Doniger & Engstrand, LLP, Islandia, N.Y. (D. Daniel

Engstrand, Jr., and Sean Conway of counsel), for plain-

tiff--respondent in Action No. 4.

Montfort, Healy, McGuire, & Salley, Garden City, N.Y.

(Donald S. Neumann, Jr., of counsel), for defendants--

respondents in Action Nos. 1 and 4.

Cheda & Sheehan, Jackson Heghts, N.Y. (Robert A.

Siegel of counsel), for plaintiff in Action No. 3.

JUDGES: FRED T. SANTUCCI, J.P., ANITA R.

FLORIO, ROBERT W. SCHMIDT, WILLIAM F.

MASTRO, JJ. SANTUCCI, J.P., FLORIO, SCHMIDT

and MASTRO, JJ., concur.

OPINION: [*505] [**368] In four related actions to

recover damages for personal injuries, etc., Dublin Pub,

Inc., a defendant in Action Nos. 1 and 4, appeals from so

much of an order of the Supreme Court, Nassau County

(Franco, J.), dated November 13, 2002, as denied its mo-

tion for summary judgment dismissing the complaints in

[***2] those actions and all cross claims insofar as as-

serted against it.

Ordered that the order is reversed insofar as appealed

from, on the law, with one bill of costs, the motion is

granted, the complaints in Action Nos. 1 and 4 and all

cross claims insofar as asserted against the appellant are

dismissed, and those actions are severed against the re-

maining defendants.

The appellant, Dublin Pub, Inc., made a prima fa-

cie showing of entitlement to judgment as a matter of

law in these Dram Shop actions (see General Obligations

Law 11--101). It proffered evidence to show that Kellie

Howard, an almost 20--year--old customer to whom it sold

beer, was neither impaired nor intoxicated when she left

its establishment, and even if she were, that her pur-

ported condition was not reasonably or practically con-

nected with a two--car accident in which she was involved

only minutes after she drove away from the appellant's

premises (see Gaige v Kepler, 303 A.D.2d 626, 628, 756N.Y.S.2d 644 [2003];Basile v Francino, 253 A.D.2d 779,

677 N.Y.S.2d 595 [1998]). In opposition to the appellant's

motion, the respondents failed to raise a triable issue of

fact connecting Howard's [***3] alleged impairment to

the intersection accident in which a police officer at the

scene who observed the other vehicle before the accident

estimated its speed to have been 100 mph (Gaige v Kepler,

supra;Basile v Francino, supra).

Santucci, J.P., Florio, Schmidt and Mastro, JJ., con-

cur.