Appellate Division of the Supreme Court of the State of New York June 21, 2007 (Bray v. McGillicuddy's Tap House, Ltd.)

Peters, J.P.

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered January 11, 2006 in Ulster County, upon a decision of the court in favor of plaintiff.

Plaintiff, a teacher at SUNY New Paltz, met his friend, Albert Beluli, at P & G’s restaurant late in the evening on April 23, 2003. After consuming two alcoholic beverages, they left P & G’s at approximately 2:30 a.m.