BASILE v. Rail & Ale, Inc., d/b/a The Park Bench, Respondent. (1998)

Supreme Court, Appellate Division, Second Department, New York.

Tammy BASILE, Plaintiff-Appellant, v. Jennifer FRANCINO, et al., Defendants-Appellants, Rail & Ale, Inc., d/b/a The Park Bench, Respondent.

Decided: September 21, 1998

Before MILLER, J.P., and ALTMAN, McGINITY and LUCIANO, JJ.

Reynolds, Caronia & Gianelli, Hauppauge (Philip A. Russo, of counsel), for plaintiff-appellant. Frank V. Merlino (Sweetbaum & Sweetbaum, Lake Success [Marshall D. Sweetbaum], of counsel), for defendant-appellant Jennifer Francino. Montfort, Healy, McGuire & Salley, Garden City (E. Richard Rimmels, Jr., of counsel), for defendant-appellant New York Telephone Company. Miller & Nogaro, LLP, New York City (Scott E. Miller, Dale A. Hunte, and Michael I. Josephs, of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff, the defendant Jennifer Francino, and the defendant New York Telephone Company separately appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 11, 1997, which granted the motion of the defendant Rail & Ale, Inc., d/b/a The Park Bench, for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the appeals by the defendants Jennifer Francino and New York Telephone Company are dismissed, as those defendants are not aggrieved by the order appealed from; and it is further,

ORDERED that the order is affirmed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

Although at the time of the incident the defendant Jennifer Francino was under the legal drinking age, and there was evidence that she had consumed alcohol, there was no evidence indicating that Francino was intoxicated. Therefore, the Supreme Court properly dismissed the plaintiff's cause of action alleging that the respondent violated the Dram Shop Act (see, General Obligations Law §§ 11-100, 11-101).

The plaintiff's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law