Legal Opinion

Anderson v. Comardo

New York Supreme Court

Decided February 11, 1981PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

David O. Boehm, J.

In this motion for dismissal of a third-party complaint we are squarely faced with the question of whether the public policy underlying New York State’s Dram Shop Act (General Obligations Law, § 11-101) permits a defendant charged with liability under that statute to seek indemnity or contribution from a vendee whose negligence may have contributed to the complained of injuries.

Section 11-101 of the General Obligations Law creates, on behalf of persons injured by any intoxicated person, a *822cause of action against all who “by unlawful selling to or…

2Cases cited27 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  3. Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
  4. Geib v. SlaterMichigan Supreme Court · 1948
  5. Mitchell v. Shoals, Inc.New York Court of Appeals · 1967

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

3Cited by14 opinions

  1. Delamater v. KimmerleAppellate Division of the Supreme Court of the State of New York · 1984
  2. Morgan v. Kirk Bros., Inc.Appellate Court of Illinois · 1982
  3. Norcia v. Dieber's Castle Tavern, Ltd.District Court, S.D. New York · 2013
  4. Bartlett v. GrandeAppellate Division of the Supreme Court of the State of New York · 1984
  5. Smith v. GuliAppellate Division of the Supreme Court of the State of New York · 1985

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

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