Legal Opinion

Delamater v. Kimmerle

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1984PublishedCited by 26 opinions

1Opinion of the Court

*243OPINION OF THE COURT

Harvey, J.

In the early morning hours of July 4, 1983, plaintiff’s decedent, her son, was a passenger in a convertible automobile owned and operated by defendant Edward F. Kimmerle. Both men allegedly were intoxicated. Plaintiff’s decedent suffered fatal injuries when thrown from the hood of Kimmerle’s car, where he had climbed while the vehicle was in motion. The instant action was commenced against defendant Kimmerle and four different tavern owners.

Plaintiff’s original complaint set forth two causes of action against each tavern owner for violation of section 11-101 of…

2Cases cited8 opinions

  1. Mitchell v. Shoals, Inc.New York Court of Appeals · 1967
  2. Wright v. Sunset Recreation, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Moyer v. Lo Jim Cafe, Inc.New York Court of Appeals · 1964
  4. Paul v. HoganAppellate Division of the Supreme Court of the State of New York · 1977
  5. Moyer v. Lo Jim Cape, Inc.Appellate Division of the Supreme Court of the State of New York · 1963

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3Cited by26 opinions

  1. D'Amico v. ChristieNew York Court of Appeals · 1987
  2. Marsico v. Southland Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Allen v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1985
  4. Reuter v. Flobo Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Powers v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1987

21 more not listed; retrieve them via the Exa API.

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