Legal Opinion
Winje v. Cavalry Veterans of Syracuse, Inc.
New York Supreme Court
Decided December 30, 1985PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
J. Robert Lynch, J.
Defendant’s motion for summary judgment raises for the first time in New York the question whether damages for mental anguish, unaccompanied by any physical injury, are recoverable under the present Dram Shop Act (General Obligations Law § 11-101).
Between 11:30 p.m. and midnight on a dark night in January 1985, the plaintiff was driving her car on an unlighted road winding around a development and a golf course. She suddenly saw, immediately ahead of her, an object lying in the road which she thought at first was a black plastic bag of garbage. She…
2Cases cited6 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Volans v. . OwenNew York Court of Appeals · 1878
- Quinlan v. . WelchNew York Court of Appeals · 1894
- Podbielski v. Argyle Bowl, IncMichigan Supreme Court · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Marsico v. Southland Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Johnson v. Brunswick Riverview Club, Inc.Supreme Court of Alabama · 2009
- Winje v. Cavalry Veterans of Syracuse, Inc.Appellate Division of the Supreme Court of the State of New York · 1986