Legal Opinion
Sheehy v. Big Flats Community Day, Inc.
New York Court of Appeals
Decided June 6, 1989PublishedCited by 237 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
Penal Law § 260.20 (4), which makes it a crime for anyone but a parent or guardian to furnish alcoholic beverages to a person who is under the legal purchase age, does not give rise to an implied private right of action in favor of such a person who has been injured as a result of his or her own consumption of alcohol. Accordingly, since recovery under traditional common-law tort principles is also precluded on *632this record, this minor plaintiffs complaint against the party that furnished her with alcohol was properly dismissed.
On the evening of June 24, 1983,…
2Cases cited23 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- D'Amico v. ChristieNew York Court of Appeals · 1987
- CPC International Inc. v. McKessonNew York Court of Appeals · 1987
- Mitchell v. Shoals, Inc.New York Court of Appeals · 1967
- Matalavage v. SadlerAppellate Division of the Supreme Court of the State of New York · 1980
18 more not listed; retrieve them via the Exa API.
3Cited by237 opinions
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
- Pelaez v. SeideNew York Court of Appeals · 2004
- City of New York v. Smokes-Spirits.Com, Inc.New York Court of Appeals · 2009
- AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
232 more not listed; retrieve them via the Exa API.