Van Valkenburgh v. Koehler (164 A.D.2d 972, 1990)

Judgment unanimously reversed on the law without costs and new trial granted. Same memorandum as in Van Valkenburgh v Koehler ([appeal No. 2] 164 AD2d 971 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Fudeman, J.—negligence and Dram Shop Act violation.) Present—Den-man, J. P., Boomer, Pine, Balio and Lowery, JJ.