The Supreme Court, New York County (Justice Gische), has granted summary judgment dismissing all claims against LVMH Moet Hennessy and Lincoln Center in a case that arose out of an assault that occurred at Lincoln Center's Damrosch Park which LVMH Moet Hennessy had rented for a party celebrating the opening of a new store. The assault occurred in a large tent in which the party took place when one invited guest struck another in the face with a champagne glass. Justice Gische held that plaintiff could not state a Dram Shop Act claim (the statute imposes liability on those who sell liquor to an intoxicated person). Even assuming that the assailant was intoxicated, Justice Gische found, there had been no "commercial sale" of alcohol, a prerequisite for stating such a claim, since the beverages at the party were served gratis. Justice Gische dismissed the negligent premises security claim holding that LVMH Moet Hennessy and Lincoln Center had acted reasonably in controlling access to the tent in which the party took place and the assault was sudden and unforeseeable and was committed by an invited guest, not an intruder. Congratulations to Paul L. Kassirer and Harry Steinberg, who made the motion.