Legal Opinion

Scatorchia v. Caputo

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

Decided January 30, 1942PublishedCited by 13 opinions

1Opinion of the CourtUntermyer, J.

The action is maintained by the plaintiffs, as administrators of Donato Scatorchia, to recover damages for the death of the deceased which is alleged to have resulted from the unlawful sale to him by the defendant of intoxicating liquor. It is alleged that, to the knowledge of the defendant, the deceased was addicted to the excessive use of intoxicants but that the defendant, *305nevertheless, “ unlawfully ” sold such a quantity of liquor to the deceased that he died of acute alcoholism. For the purposes of this appeal we will assume that the allegation of an “ unlawful ” sale is sufficient as…

2Cited by13 opinions

  1. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  2. Mitchell v. Shoals, Inc.New York Court of Appeals · 1967
  3. Fed. Sec. L. Rep. P 95,390 Stanley S. Pearlstein, and Cross-Appellant v. Scudder & German, a Partnership, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1975
  4. McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
  5. Matalavage v. SadlerAppellate Division of the Supreme Court of the State of New York · 1980

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