Legal Opinion
Romano v. Stanley
New York Court of Appeals
Decided July 1, 1997PublishedCited by 210 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
General Obligations Law § 11-101 (1), popularly known as the Dram Shop Act, makes a party who "unlawfully” sells alcohol to another person liable for injuries caused by reason of that person’s intoxication. Under Alcoholic Beverage Control Law § 65 (2), it is unlawful to furnish an alcoholic beverage to any "visibly intoxicated person.” The present appeal concerns the sufficiency of an expert’s affidavit based solely on the intoxicated tortfeasor’s blood and urine alcohol counts to establish prima facie the "visible intoxication” elements of a Dram Shop Act claim…
2Cases cited17 opinions
- People v. CruzNew York Court of Appeals · 1979
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
- Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
- People v. LaddNew York Court of Appeals · 1996
- Fallon v. Hannay & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
12 more not listed; retrieve them via the Exa API.
3Cited by210 opinions
- Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
- Franchini v. PalmieriNew York Court of Appeals · 2003
- Wagman v. BradshawAppellate Division of the Supreme Court of the State of New York · 2002
- Stringfellow's of New York, Ltd. v. City of New YorkNew York Court of Appeals · 1998
- Adamy v. ZiriakusNew York Court of Appeals · 1998
205 more not listed; retrieve them via the Exa API.