O'Gara v. Alacci
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Covello, J.
In this action to recover damages for personal injuries, the primary question presented is whether the owner and operator of a car that struck an intoxicated and allegedly careless pedestrian may seek contribution from the party that sold alcohol to the pedestrian, based on that party’s alleged violation of the Dram Shop Act {see General Obligations Law § 11-101). We answer that question in the affirmative.
Early on the morning of October 29, 2006, the defendant/ third-party plaintiff Matthew D. Alacci was driving a car owned by the defendant/third-party…
2Cases cited37 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
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