Partner Steven D. Zecca and Associate Michael J. Lezamiz of ADM’s New York City Office obtained summary judgment in a Dram Shop case venued in Supreme Court, Kings County. The Plaintiff’s 21-year old son was tragically killed in a four-car collision after his vehicle was rear-ended by an intoxicated driver on the Long Island Expressway. The Plaintiff sued the other vehicles involved, a restaurant where the intoxicated driver dined at prior to the accident and our client, a luxury New York City hotel, which was the intoxicated driver’s last stop before departing for the road. It was alleged that our client served alcohol to the intoxicated driver in violation of New York’s Dram Shop Laws.
ADM started its investigation immediately upon the commencement of the suit, which enabled it to secure and preserve the necessary records establishing that the driver was served alcohol at the initial restaurant and was not sold or served any alcohol at the client’s hotel. Through discovery, ADM was able to secure an admission from the intoxicated driver that he was not sold or served alcohol by our client. Prior to our client having to be deposed, ADM moved for summary judgment and the motion was granted, dismissing all claims against the client, with the Court finding that ADM met its prima facie burden of establishing that the client’s hotel did not serve the driver any alcohol and thus the Dram Shop Laws were not violated