Family of Turkish immigrant killed in DWI crash sues NYC bars for allegedly over-serving driver
The family of a Turkish immigrant killed by a drunken driver claims three downtown Manhattan bars should be held responsible for his death.
Mahbub Ali, of Astoria, was allegedly 'visibly intoxicated' when he visited Barcade Downtown, Harry's on Wall Street and Klong, where he drank over a nearly six-hour stretch, the victim's family said in a lawsuit.
But the watering holes kept pouring drinks anyway, until Ali's blood alcohol content was .158 percent, nearly twice the legal limit for driving, according to court papers.
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4 Esiyok, 23, had just landed a delivery job and was living in a shelter when he was struck and killed crossing Third Avenue.
Obtained by the New York Post
Ali, 28, then got behind the wheel fatally struck Abdulhekim Esiyok as he walked across Third Avenue near East 21st Street in Gramercy, police said.
Ali kept going — slamming into an 18-year-old cyclist, two pedestrians on the sidewalk and a parked van before coming to a stop, the NYPD said. He was arrested at the scene.
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Ali went to brunch with a friend in the Financial District around noon on June 4, 2023, before heading to multiple locations to continue drinking, the Manhattan District Attorney's office said.
4 The suit claims staff at Harry's kept serving Ali even though he was 'visibly intoxicated.'
J.C.Rice
Esiyok, 23, who'd been in New York for just a month, was rushed to Bellevue Hospital, where he was pronounced dead.
The family is now seeking unspecified damages from the three bars, accusing the establishments in a Manhattan Supreme Court lawsuit filed Monday of violating New York's Dram Shop Act, which holds alcohol-serving establishments liable if they sell booze to someone who is clearly drunk and that person causes injury or death.
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4 Barcade Downtown allegedly poured drinks for Ali as he racked up a .158 BAC, nearly twice the legal limit, prosecutors said.
Taidgh Barron/NY Post
'The family is devastated,' said attorney Samantha Raphaelson, who represents Esiyok's family. 'They're still in disbelief.'
Ali plead not guilty to a slew of charges, including manslaughter, vehicular manslaughter, assault and driving while intoxicated. The case is pending.
4 Klong, a Thai restaurant on St. Marks, was one of the bars Ali allegedly visited on a booze crawl before the deadly crash.
Helayne Seidman
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'He had an American dream,' Raphaelson said of Esiyok. 'He came here to work hard and provide for his loved ones — and he was killed in a senseless act.'
Barcade Downtown, Harry's on Wall Street and Klong did not immediately respond to requests for comment.
Ali's criminal lawyer declined comment on the lawsuit.
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