Fowler v. Taffe

OPINION OF THE COURT

Alan J. Saks, J.

The question posed by this motion to dismiss the third-party complaint is whether the owner and operator of a motor vehicle who are sued by a plaintiff pedestrian struck by said vehicle may seek contribution from a tavern that allegedly violated the Dram Shop Act (General Obligations Law § 11-101) by illegally selling liquor to the plaintiff, thereby causing *344him to wander into the roadway. This appears to be a question of first impression.

In J.S.M. Contr. v Old Route 6 Pub (129 Misc 2d 604 [Sup Ct, Westchester County 1985]) (curiously not cited by either…