Family of Fallen Nassau Officer Sues Businesses Over Underage Drinking

The complaint, brought by Espinosa's husband Francisco Malaga, identifies a chain of negligence spanning Suffolk County. Named defendants include Aqua Vitae Wines and Liquors, Blazin Wings, Inc., 573 Hauppauge, Inc., JCL Pub, Inc., and Lindo Mexico Restaurant. The filing also targets Stephanie M. Alt, who hosted the gathering where Smith consumed alcohol the night before the incident. Under New York law, Smith was below the legal drinking age, yet the suit alleges he was never asked for identification.

Attorney Howard S. Hershenhorn, representing the estate, argues the criminal proceedings against Smith failed to address the systemic failure of the businesses involved. Smith, who pleaded guilty to aggravated vehicular homicide and manslaughter, is scheduled for sentencing on July 20. The civil action specifically challenges the owners of the James Joyce and The Irish Times Pub, accusing them of operating without dram shop liability insurance and using corporate structures to shield themselves from accountability for catastrophic harm.

Espinosa, a 42-year-old veteran of the Fifth Precinct, leaves behind a husband and a young daughter. The litigation invokes the state's Dram Shop Act and social host liability statutes, seeking both compensatory and punitive damages for the officer’s death.