Opinion
July 12, 1991
Appeal from the Supreme Court, Erie County, Fudeman, J.
Present — Dillon, P.J., Boomer, Pine, Balio and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: In this Dram Shop case, the moving defendants failed to establish a prima facie defense sufficient to warrant judgment as a matter of law, and the burden never shifted to plaintiff to raise a triable issue of fact (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851).