Mitchell v. Shoals, Inc.

Plaintiff herein in an action pursuant to section 11-101 of the General Obligations Law (the Dram Shop Act) recovered an aggregate verdict against defendant in the sum of $30,500, of which pursuant to court instructions, the jury allocated $27,500 as actual damages and $2,500 as exemplary damages. By separate motion after trial, defendant seeks a $6,000 reduction in the amount to be recovered, representing the amount heretofore obtained by plaintiff as a result of settlement negotiations with the intoxicated tortfeasor’s insurer.

The only New York decisions found in point are Playford v.…