ARMSTRONG v. PETSCHE

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Defendants are entitled to dismissal of the complaint for failure to state a cause of action. The Dram Shop Act does not create a cause of action in favor of one injured as a result of his own intoxicated condition (Sheehy v. Big Flats Community Day, 73 N.Y.2d 629, 635; Mitchell v. The Shoals, 19 N.Y.2d 338, 340-341). Further, there is no common-law liability on the part of a tavern owner for injuries sustained by a voluntarily intoxicated patron off the premises, outside the tavern owner's control (Sheehy v. Big Flats Community Day, supra, at 636-637; Wellcome v. Student Coop., 125 A.D.2d 393).