Oursler v. Brennan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Peradotto, J.
The primary issue to be determined on this appeal is what actions constitute “guilty participation” on the part of a plaintiff so as to preclude recovery under General Obligations Law § 11-101 (Dram Shop Act). More specifically, we must determine whether plaintiff is unable to state a cause of action under that statute as a matter of law because he purchased two alcoholic beverages for his wife (decedent). We conclude that defendant Malbeat, Inc., doing business as Mallwitz’s Island Lanes (Malbeat), did not meet its burden of establishing, as a matter of law,…
2Cases cited30 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- Barker v. KallashNew York Court of Appeals · 1984
- Nassau Roofing & Sheet Metal Co. v. Facilities Development Corp.New York Court of Appeals · 1988
- Adamy v. ZiriakusNew York Court of Appeals · 1998
- Mitchell v. Shoals, Inc.New York Court of Appeals · 1967
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3Cited by8 opinions
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- Calagiovanni v. CarelloAppellate Division of the Supreme Court of the State of New York · 2019
- Doe 1 v. JP Morgan Chase & Co.District Court, S.D. New York · 2023
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