Angelo J. Bongiorno’s motion to Dismiss all claims against the Copacabana defendants was Granted by Judge Lisa Headley of Supreme Court, New York County after oral arguments. The plaintiff, a pedestrian, was injured when struck by a car driven by co-defendant, Trotman, who claimed that he became intoxicated at Copacabana. Trotman testified that several days before the accident, he purchased a $300 birthday package, which came with 2 bottles of alcohol and admission for 6 people. Trotman poured himself drinks. He did not buy any additional alcohol on the night in question. Non-party witnesses that were celebrating with Trotman that night testified that Trotman was visibly intoxicated when someone brought an additional bottle to the table after 1:00 am, but they did not know who brought it or what was in the bottle. Judge Headley agreed with our arguments that counsel for plaintiff’s arguments that the testimonies reveal that additional alcohol was served by Copacabana staff after Trotman was visibly intoxicated was mere speculation and found that plaintiff failed to establish that Copacabana served alcohol to Trotman while he was visibly intoxicated. Denenberg v. 268 West 47th Rest., Inc., individually and d/b/a Copacabana, and 760 8th Ave. Rest., Inc., individually and d/b/a Copacabana, et al.
