Legal Opinion
Kaufman v. Quickway, Inc.
New York Court of Appeals
Decided June 8, 2010No. 166 SSM 20PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this Dram Shop Act action involving a convenience store’s allegedly illegal sale of alcohol to a visibly intoxicated customer who later caused a fatal traffic accident, the Appellate Division reversed Supreme Court’s order denying defendants’ motion for summary judgment, granted the motion, and dismissed the complaint. The Appellate Division held that the store clerk’s out-of-court statements to a State Trooper investigating the accident were not admissible under the hearsay exception for…
2Cases cited4 opinions
- Nucci v. ProperNew York Court of Appeals · 2001
- Letendre v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1968
- Oursler v. BrennanAppellate Division of the Supreme Court of the State of New York · 2009
- Schmidt v. PolicellaAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by15 opinions
- Pinilla v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Kiely v. BeniniAppellate Division of the Supreme Court of the State of New York · 2011
- Craft v. WhittmarshAppellate Division of the Supreme Court of the State of New York · 2011
- Dugan v. OlsonAppellate Division of the Supreme Court of the State of New York · 2010
- Diaz v. TumbioloAppellate Division of the Supreme Court of the State of New York · 2013
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