Legal Opinion

Schermerhorn v. Warfield

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

Decided March 16, 1995PublishedCited by 9 opinions

1Opinion of the Court

Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Cobb, J.), entered November 15, 1993 in Columbia County, upon a verdict rendered in favor of defendants.

On December 17, 1988 plaintiff attended a wedding reception from 2:00 p.m. through 5:30 p.m. except for a period of about 15 minutes when he went for a ride in a friend’s new car. Plaintiff brought with him a bottle of 80-proof whiskey he estimated to contain a cup of whiskey. He consumed the full bottle with ginger ale, had one or two screw drivers made with vodka and also ate some food at the reception. Upon leaving the reception,…

2Cases cited3 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Rubin v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
  3. Delgado v. Board of Education of Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by9 opinions

  1. Skibinski v. ArmyAppellate Division of the Supreme Court of the State of New York · 2003
  2. Nash v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2005
  3. Kim v. CippolaAppellate Division of the Supreme Court of the State of New York · 1996
  4. Rosas v. IshackAppellate Division of the Supreme Court of the State of New York · 1995
  5. Carter v. WempleAppellate Division of the Supreme Court of the State of New York · 1999

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