Legal Opinion

Rust v. Reyer

New York Court of Appeals

Decided April 2, 1998PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

This appeal centers on the question whether the host of a “keg party” for minors, in the circumstances presented, might be liable as a person who, by “unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages” for minors, caused the injuries of a third party (General Obliga tions Law § 11-100). We conclude that there are material factual issues to be resolved and consequently reverse the Appellate Division order summarily dismissing the second cause of action against defendant Heidi Reyer.

Plaintiff Carol Rust, a minor, was injured…

2Cases cited11 opinions

  1. D'Amico v. ChristieNew York Court of Appeals · 1987
  2. Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
  3. People v. RyanNew York Court of Appeals · 1937
  4. Ferres v. City of New RochelleNew York Court of Appeals · 1986
  5. Sherman v. RobinsonNew York Court of Appeals · 1992

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3Cited by32 opinions

  1. Fumarelli v. Marsam Development, Inc.New York Court of Appeals · 1998
  2. Parslow v. LeakeAppellate Division of the Supreme Court of the State of New York · 2014
  3. McGlynn v. St. Andrew the Apostle ChurchAppellate Division of the Supreme Court of the State of New York · 2003
  4. Guercia v. CarterAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. OdumCourt for the Trial of Impeachments and Correction of Errors · 2018

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