Legal Opinion
Casimiro v. Thayer
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1996PublishedCited by 4 opinions
1Opinion of the Court
—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Charleen Bowman, individually and doing business as Oswego Plaza Liquors, for summary judgment dismissing the complaint against her. Bowman is not liable under the Dram Shop Act (General Obligations Law § 11-101) because she did not sell alcohol to defendant Chris S. Thayer, the alleged tortfeasor, or unlawfully assist in procuring alcohol for him (see, D’Amico v Christie, 71 NY2d 76, 83; Casselberry v Dominick, 143 AD2d 528, lv denied 73 NY2d 706). The doctrine of…
2Cases cited5 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Lundberg v. State of New YorkNew York Court of Appeals · 1969
- Swartzlander v. Forms-Rite Business Forms & Printing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Torelli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Casselberry v. DominickAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
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- Agostino v. Pennysaver Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Baker v. LisconishAppellate Division of the Supreme Court of the State of New York · 2017
- Cunningham v. PetrillaAppellate Division of the Supreme Court of the State of New York · 2006