Legal Opinion
Gigliotti v. Byrne Dairy, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action individually and as administratrix of the estate of her son, who died as a result of a one-car accident when he collided with a utility pole. Plaintiff alleges that decedent was furnished alcohol unlawfully by defendant, became intoxicated, and lost control of the vehicle he was driving. Supreme Court properly granted defendant summary judgment dismissing the first cause of action, in which plaintiff seeks to recover damages for the injuries and pain suffered by decedent prior to his death (see, Sheehy v…
2Cases cited5 opinions
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Marsico v. Southland Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Reuter v. Flobo Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986
- Scheu v. High-Forest Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Raynor v. C.G.C. Grocery Corp.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- McArdle v. 123 Jackpot, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Dunphy v. J & I Sports Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- McNeill v. Rugby Joe's Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Kudisch v. Grumpy Jack's, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Kudisch v. Grumpy Jack's, Inc.Appellate Division of the Supreme Court of the State of New York · 2013