Legal Opinion

Kirby v. Summitville Fire District

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

Decided July 13, 2017No. 524201PublishedCited by 4 opinions

1Opinion of the CourtEgan Jr., J.

Appeal from an order of the Supreme Court (Schick, J.), entered February 23, 2016 in Sullivan County, which granted defendant’s motion for summary judgment dismissing the complaint.

On December 15, 2012, plaintiff attended a holiday party hosted by a local business and held at a firehouse owned by defendant. To that end, plaintiff brought with him a bottle of vodka and a bottle of grapefruit juice in his pickup truck so that he would have something to drink at the party. According to plaintiff, he had one mixed drink at his house prior to leaving for the party and mixed one additional drink…

2Cases cited7 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Kush v. City of BuffaloNew York Court of Appeals · 1983
  3. Joseph W. Powers v. 31 E 31 LLCNew York Court of Appeals · 2014
  4. Elwood v. Alpha Sigma PhiAppellate Division of the Supreme Court of the State of New York · 2009
  5. Prusky v. McCartyAppellate Division of the Supreme Court of the State of New York · 2015

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Herling v. Callicoon Resort Lodges, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Aloi v. DubriskeAppellate Division of the Supreme Court of the State of New York · 2022
  3. Parke v. Dollar Tree, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Ellis v. Lansingburgh Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2018

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