Appellate Division of the Supreme Court of the State of New York February 6, 2003 (Rutzinger v. Lewis)

Kane, J.

Appeal from an order of *654the Supreme Court (Castellino, J.), entered January 28, 2002 in Chemung County, which granted defendants’ motion for summary judgment dismissing the complaint.

On July 24, 1999, plaintiff was a patron at an establishment known as Angles Bar and Restaurant located in the City of Elmira, Chemung County.