D'Amico v. Christie
| Decision Date | 19 December 1986 |
| Parties | Theodore C. D'AMICO, Appellant, v. Kenneth D. CHRISTIE, Defendant, Schlegel Corp., Mollie P. Prince, d/b/a Michael's Tavern, and Berla Galliger, as President of The Schlegel Social and Athletic Association, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Harter, Secrest & Emery by Thomas Smith, Rochester, for appellant. Connors, Corcoran, Hall & Meyering, Rochester, for Christie. Nixon, Hargrave, Devans & Doyle by Edward Burns, Rochester, for Schlegel Corp. Louis P. Iannini, Rochester, for Prince. Harris, Beach, Wilcox, Rubin & Levey by Paul Yesawich, III, Rochester, for Galliger.
Judgment insofar as it awards damages to plaintiff against defendant Mollie Prince, d/b/a Michael's Tavern unanimously reversed on the law with costs and a new trial granted on the issue of damages only, unless said defendant shall within 20 days after service of a copy of the order herein with notice of entry thereof stipulate to increase the verdict to the principal sum of $100,000 in which event the judgment shall be modified accordingly and as modified affirmed without costs. Memorandum: Upon review of the record we find that the jury's award of damages was inadequate to the extent indicated. We agree with the trial court, however, that plaintiff failed to prove a prima facie case against defendants Schlegel Corp. and Schlegel Social and Athletic Association since the Association was not engaged in the commercial sale of alcohol (see, Conigliaro v. Franco, 122 A.D.2d 15, 504 N.Y.S.2d 186; Gabrielle v. Craft, 75 A.D.2d 939, 940, 428 N.Y.S.2d 84; Edgar v. Kajet, 84 Misc.2d 100, 375 N.Y.S.2d 548, affd. 55 A.D.2d 597, 389 N.Y.S.2d 631; Kohler v. Wray, 114 Misc.2d 856, 857, 452 N.Y.S.2d 831; see also, Valicenti v. Valenze, 68 N.Y.2d 826, 507 N.Y.S.2d 616, 499 N.E.2d 870). (Appeal from Amended Judgment of Supreme Court, Monroe County, Boehm, J.--Dram Shop Law.)
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