Legal Opinion
Gutierrez v. Devine
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 2013Published
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 26, 2011. The order, inter alia, granted the motion of defendant Lutz Brothers, Inc. for summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this negligence and Dram Shop action seeking to recover damages for injuries she sustained when the vehicle in which she was a passenger struck *1186a tree. The vehicle was operated by defendant Pierce A. Devine. Devine, a minor, tested positive for alcohol after the accident,…
2Cases cited10 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Sherman v. RobinsonNew York Court of Appeals · 1992
- Dodge v. Victory Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Krampen v. FosterAppellate Division of the Supreme Court of the State of New York · 1997
- McGlynn v. St. Andrew the Apostle ChurchAppellate Division of the Supreme Court of the State of New York · 2003
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