Opinion
May 22, 1995
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is affirmed, with costs.
The plaintiff, David White, was shot in the back by James McCartan on the sidewalk outside a bar, Celebrity Lounge, where White and McCartan had both been patrons. White commenced this action against the owner of the lounge, Celebrity Lounge, Inc. (hereinafter Celebrity), alleging common-law negligence and a violation of General Obligations Law § 11-101 (the Dram Shop Act), on the theory that Celebrity's bartender continued to serve McCartan after he appeared to be very drunk. The Supreme Court granted Celebrity's motion for summary judgment dismissing the cause of action sounding in common-law negligence. We affirm.
It is by now well settled that a claim sounding in common-law negligence will not lie against a bar owner for injuries which, as here, did not occur on the bar premises or in an area under the bar's control (see, D'Amico v Christie, 71 N.Y.2d 76; Marianne OO. v C M Tavern, 180 A.D.2d 998). Mangano, P.J., Sullivan, Thompson and Hart, JJ., concur.