Appellate Division of the Supreme Court of the State of New York March 18, 2004 (McGovern v. 4299 Katonah Inc.)

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered May 6, 2003, which, in an action for personal injuries under the Dram Shop Act (General Obligations Law § 11-101) and in common-law negligence, denied defendant tavern’s mo*240tion for summary judgment dismissing the complaint, unanimously affirmed, with costs.