Deubell v. Forks Fire District Number Three — 175 A.D.2d 608

Majority

p. 608

Kenneth L. Deubell, as Administrator of the Estate of Jacqueline A. Deubell, Deceased, Respondent, v Forks Fire District Number Three et al., Appellants, et al., Defendants.

—Order unanimously affirmed with costs. Memorandum: In this Dram Shop case, the moving defendants failed to establish a prima facie defense sufficient to warrant judgment as a matter of law, and the burden never shifted to plaintiff to raise a triable issue of fact (see, Alvarez v Prospect Hosp., 68 NY2d 320 ; Winegrad v New York Univ. Med. Center, 64 NY2d 851 ). (Appeal from Order of Supreme Court, Erie County, Fudeman, J. — Summary Judgment.) Present — Dillon, P. J., Boomer, Pine, Balio and Davis, JJ.

Cases cited

Alvarez v. Prospect Hospital 68 NY2d 320 N.Y. 1986-11-11 p. 608
Winegrad v. New York University Medical Center 64 NY2d 851 N.Y. 1985-02-12 p. 608