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FERBER v. OLDE ERIE BREW PUB & GRILL, LLC

2016-03939, Index No. 3146/13.

161 A.D.3d 1142 (2018)

78 N.Y.S.3d 209

2018 NY Slip Op 03827

Matthew Ferber, Appellant, v. Olde Erie Brew Pub & Grill, LLC, et al., Defendants, and Valjon, Inc., Doing Business as Hacienda, Respondent.

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

Decided May 30, 2018.

Ordered that the order is affirmed, with costs.

On the evening of February 1, 2013, the plaintiff met John A. Behler, who was then 20 years old, and two other people at Valjon, Inc., doing business as Hacienda (hereinafter Hacienda), for food and drinks. The group then went to two more commercial establishments, where they consumed additional alcoholic beverages. Shortly after midnight, the plaintiff was a passenger in a vehicle operated by Behler (hereinafter the...

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