Civil Procedure · MBE-tested

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

175 A.D.2d 608·New York Supreme Court, Appellate Division·1991·NY

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Opinion

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. [MAJORITY] —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.