STATEN ISLAND, N.Y. – A New Springville woman admittedly was drunk when she slipped and fell outside a Great Kills bar three years ago.
But in a lawsuit, Ryan O’Leary contends it was KJ’s Ale House’s fault, not hers, because she allegedly was served alcohol despite being underage.
Ms. O’Leary, whose Facebook page shows her smiling and holding a pair of pint glasses containing stirrers and an unspecified liquid was 20 when the incident occurred on Jan. 10, 2008. She is now 23.
The legal drinking age in New York is 21.
Ms. O’Leary seeks unspecified monetary damages in the action, recently filed against the bar and the property owner, Gentile Family LLC, in state Supreme Court, St. George.
Her mother, Kathy O’Leary, also seeks unspecified compensation for her daughter’s medical bills and loss of her services.
The incident occurred around 11:45 p.m. outside the Nelson Avenue watering hole.
According to court papers, Ms. O’Leary had been drinking at the bar and was in “an impaired or intoxicated condition” when she left.
Once outside, she allegedly slipped and fell on a defective sidewalk or curb.
Ms. O’Leary and her mother maintain the bar was at fault for “unlawfully” serving her alcohol which resulted in her drunkenness.
Bar personnel gave Ms. O’Leary drinks, despite having “knowledge or reasonable cause” to believe she was under 21, court papers charge, without further elaboration.
The property owner also was liable for not properly maintaining the sidewalk, the O’Learys contend.
Court papers don’t specify Ms. O’Leary’s injuries.
Her lawyer, Frank Dito, did not return a telephone call Thursday seeking comment.
Attempts to reach the O’Learys by phone last week were unsuccessful.
Alphonse Gentile, the principal of Gentile LLC, the property owner, said Thursday he had not received the suit papers and knew nothing of the incident.
Messages left Thursday for KJ’s owner were not immediately returned.