Opinion
November 14, 1994
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.
The plaintiff's allegation that his assailants were intoxicated, upon which his claim of a Dram Shop violation is predicated, is conclusory and unsubstantiated and thus insufficient to have created a triable issue of fact (see, Village Bank v. Wild Oaks Holding, 196 A.D.2d 812).
The plaintiff's reliance on Stevens v. Kirby ( 86 A.D.2d 391), in support of his claim of common-law negligence, is misplaced inasmuch as he was not a patron at the appellant's establishment. Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.