Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff’s claims under Dram Shop Act, General Obligations Law 11-101 and all cross-claims against Jem Caterers of Nassau Inc., Individually and d/b/a Jem Caterers at the Sands, The Original Jem Caterers of Nassau Atlantic Beach and Lido Beach.
The plaintiffs passengers in a taxi owned by Oliva Transportation and operated by Luis Castro were severely injured in an automobile accident with co-defendant, Leonardo Rosario (drunk driver). Earlier in the evening, Mr. Rosario was a DJ for a party at Jem Caterers at the Sands. Plaintiff’s alleged that Mr. Rosario became visibly intoxicated at the party while a DJ and that defendant provided him with multiple alcoholic beverages. Mr. Rosario was arrested at the scene and subsequently convicted and sentenced to 5 years in prison.
The Honorable John M. Galasso Granted defendants motion for summary judgment dismissing all plaintiff’s claims under Dram Shop Act, General Obligations Law 11-101 against Jem Caterers of Nassau Inc., Individually and d/b/a Jem Caterers at the Sands, The Original Jem Caterers of Nassau Atlantic Beach and Lido Beach, as Mr. Bongiorno was able to elicit deposition testimony of a non-party witness that Mr. Rosario was not visibly intoxicated as well as the deposition testimony of Mr. Rosario (conducted at the prison) that he did not know who provided him with the alcoholic beverages at the party, but believed it was a party guest.
