Legal Opinion

Stewart v. Taylor

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

Decided November 16, 1990PublishedCited by 6 opinions

1Opinion of the Court

Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court correctly determined that a commercial vendor cannot be held liable under section 11-100 or 11-101 of the General Obligations Law absent proof that it sold alcoholic beverages directly to the alleged tort-feasor (General Obligations Law § 11-101; see also, Smith v Guli, 117 AD2d 1017; Lee v Holloway, 146 Misc 2d 455) or that it unlawfully furnished such beverages to an under-age person alleged to be the tort-feasor (General Obligations Law § 11-100).

The court did not abuse its discretion by entertaining…

2Cases cited3 opinions

  1. Sciascia v. NevinsAppellate Division of the Supreme Court of the State of New York · 1987
  2. Smith v. GuliAppellate Division of the Supreme Court of the State of New York · 1986
  3. Lee v. HollowayNew York Supreme Court · 1989

3Cited by6 opinions

  1. Sherman v. RobinsonNew York Court of Appeals · 1992
  2. Degruchy v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Rann v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1993
  4. Furio v. Palm Beach Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Haskell v. Chautauqua County Fireman's Fraternity, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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