Peters v. Baron

This action is brought pursuant to the provisions of section 16 of the Civil Bights Law.

Defendant’s motion to dismiss the complaint is based on the contention that this type of action is not maintainable by a husband to recover for damages and loss which he says he sustained through the unlawful selling by defendant of intoxicating liquors to plaintiff’s wife. Defendant cites as authority Scatorchia v. Caputo (263 App. Div. 304). That case clearly holds that the statute does not create a cause of action in favor of the party who became intoxicated (in our case plaintiff’s wife), and therefore…