Legal Opinion

Milton v. I.B.P.O.E. of the World Forest City Lodge, 180

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

Decided October 23, 2014No. 518042PublishedCited by 4 opinions

1Opinion of the Court

McCarthy, J.R

Appeal from an order of the Supreme Court (Mulvey, J.), entered October 31, 2012 in Tompkins County, which granted defendant’s motion for summary judgment dismissing the complaint.

Defendant is a fraternal organization that owns a lodge building which contains a social room with a bar. One morning at approximately 1:30 a.m., plaintiff exited the main entrance of defendant’s lodge after drinking approximately 12 beers over the preceding 2x/2 hours. At that time, plaintiff had been a member of defendant’s lodge for approximately 14 years and its secretary for 12 years. As he walked…

2Cases cited18 opinions

  1. Maheshwari v. City of New YorkNew York Court of Appeals · 2004
  2. In re Attorneys in Violation of Judiciary Law § 468-aAppellate Division of the Supreme Court of the State of New York · 1999
  3. Galindo v. Town of ClarkstownNew York Court of Appeals · 2004
  4. Ruiz v. GriffinAppellate Division of the Supreme Court of the State of New York · 2010
  5. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by4 opinions

  1. Bynum v. KeberAppellate Division of the Supreme Court of the State of New York · 2016
  2. P.R.B. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  3. Boudreaux v. Columbia Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2017
  4. Brown v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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