Family to Sue Madison Square Garden in Fatal DWI Crash

The father of a two-year-old boy killed in a car accident caused by a drunken off-duty police officer plans to sue Madison Square Garden.

An attorney for Carlos Zelaya says the arena served alcohol to Kevin Freibott even though he was intoxicated.

Freibott’s Jeep Cherokee rear-ended the car in which the boy was riding on the Pulaski Skyway in January 2007. He had attended a college basketball game at the Garden that evening.

Freibott’s blood-alcohol level was more than three times the legal limit.

The boy’s mother is still in a coma.

A spokesman for Cablevision, the Garden’s parent company, said the company had not seen the lawsuit yet and would not comment.