Legal Opinion

Matalavage v. Sadler

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

Decided October 6, 1980PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

The issue is whether the infant child of an intoxicated person who is killed by reason of his intoxication, may institute a cause of action under section 11-101 of the General Obligations Law.

I. FACTS

Mary Ann Paskey commenced the present action as "natural mother and Guardian” of Mark Matalavage, and "Guardr ian and Administratrix of the Goods, Chattels and Credits” of the decedent (Mark Matalavage’s father), against Robert Sadler, doing business as Maybrook Inn, and John and Clara Marshall. Plaintiff alleged, inter alia, that the defendants were responsible to…

2Cases cited16 opinions

  1. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  2. Mitchell v. Shoals, Inc.New York Court of Appeals · 1967
  3. Mead v. . StrattonNew York Court of Appeals · 1882
  4. Volans v. . OwenNew York Court of Appeals · 1878
  5. Quinlan v. . WelchNew York Court of Appeals · 1894

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

3Cited by35 opinions

  1. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  2. McIsaac v. Monte Carlo Club, Inc.Supreme Court of Alabama · 1991
  3. Adamy v. ZiriakusAppellate Division of the Supreme Court of the State of New York · 1997
  4. Marsico v. Southland Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Allen v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1985

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

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