Favorable Appellate Victory for Hospitality Client
We are pleased to share that Christopher Simone, Payne Tatich and Kevin Kelleher received a favorable decision from the Appellate Division, First Department, that reversed an order denying summary judgment on plaintiff’s Dram Shop and negligence claims against a client that operates restaurant, bar, and event space.
In dismissing the complaint in its entirety, the First Department agreed that the defendant established entitlement to summary judgment with the affirmative testimony of its manager concerning the training of his employees to identify intoxicated patrons and post-incident investigation.
Furthermore, the Court found these measures sufficient to show that our client did not serve the assailants, much less while they were intoxicated.
Additionally, in dismissing the plaintiff’s common law negligence claim, the First Department agreed that our client did not owe the plaintiff any duty of care since the assault occurred on a public roadway.
Congratulations, Chris, Payne, and Kevin!
