Joly v. Northway Motor Car Corp.
| Decision Date | 09 July 1987 |
| Citation | 132 A.D.2d 790,517 N.Y.S.2d 595 |
| Parties | Claudia M. JOLY, Appellant, v. NORTHWAY MOTOR CAR CORPORATION, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Seymour Fox (Neil F. Woodworth, of counsel), Troy, for appellant.
De Angelis, Kaplowitz, Rice & Murphy (Jay A. Smith, of counsel), Delmar, for respondent.
Before MAHONEY, P.J., and KANE, WEISS, YESAWICH and LEVINE, JJ.
Appeal from a judgment of the Supreme Court (Conway, J.), in favor of defendant, entered July 22, 1986 in Albany County, upon a dismissal of the complaint at the close of plaintiff's case.
Plaintiff seeks to recover damages for personal injuries sustained in an automobile accident which occurred at about 5:45 P.M. on Friday, December 22, 1978 in the City of Cohoes, Albany County, when a vehicle operated by Kenneth Hinds collided head-on with a vehicle owned and operated by plaintiff. Hinds, an employee of defendant, had left his place of employment at about 5:00 P.M. after participating in a Christmas party that afternoon where food and beer had been provided for all employees by defendant. The results of a blood alcohol test disclosed that Hinds had been operating his vehicle with a blood alcohol concentration of .21%. The record also demonstrates that Hinds was on his usual route home, made no stops for food or drink from the time of leaving his place of employment to the scene of the accident, and that the operation of his vehicle caused the collision.
In her complaint, plaintiff seeks recovery under two separate causes of action, the first under the Dram Shop Act (General Obligations Law § 11-101 et seq.) and the second under principles of common-law negligence and respondeat superior. Upon the trial of this action and at the conclusion of plaintiff's proof, Supreme Court, upon motion by defendant, directed a verdict for defendant and dismissed plaintiff's complaint. This appeal ensued.
We affirm. There can be no liability under General Obligations Law § 11-101 unless there has been an illegal sale of alcoholic beverages (e.g., Gabrielle v. Craft, 75 A.D.2d 939, 940, 428 N.Y.S.2d 84; Paul v. Hogan, 56 A.D.2d 723, 392 N.Y.S.2d 766). Here, the food and beverage was gratuitously furnished by defendant to its employees from its own funds. The fact that some of the money used may have been from profits on vending machines on the premises used by employees is irrelevant. The record conclusively demonstrates that there was no "sale" within the contemplation of the applicable statutes (e.g., 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, lv. dismissed sub nom. Edgar v. Harris 41 N.Y.2d 802, 902, 393 N.Y.S.2d 1026, 362 N.E.2d 626).
As to the cause of action founded upon principles of common-law...
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D'Amico v. Christie
...recognized that a landowner may have responsibility for injuries caused by an intoxicated guest (see, e.g., Joly v. Northway Motor Car Corp., 132 A.D.2d 790, 517 N.Y.S.2d 595; Comeau v. Lucas, 90 A.D.2d 674, 455 N.Y.S.2d 871; Huyler v. Rose, 88 A.D.2d 755, 451 N.Y.S.2d 478 appeal dismissed ......
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Sheehy v. Big Flats Community Day, Inc.
...caused by intoxicated persons where the injuries have not occurred on the landowner's premises ( see, e.g., Joly v. Northway Motor Car Corp., 132 A.D.2d 790, 791, 517 N.Y.S.2d 595; Delamater v. Kimmerle, 104 A.D.2d 242, 244, 484 N.Y.S.2d 213; Wright v. Sunset Recreation, 91 A.D.2d 701, 457 ......
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Ramsey v. Cec Entm't, Inc.
...have responsibility for injuries caused by an intoxicated guest (D'Amico v. Christie, 71 N.Y.2d 76 [1987]citing, Joly v. Northway Motor Car Corp., 132 A.D.2d 790 [3d 1987]; Comeau v. Lucas, 90 A.D.2d 674 [4d 1982]; and Huyler v. Rose, 88 A.D.2d 755 [4d 1982], appeal dismissed 57 N.Y.2d 777 ......
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Leconte v. LVMH Moet Hennessy Louis Vuitton, Inc., 2009 NY Slip Op 31166(U) (N.Y. Sup. Ct. 5/22/2009), 118284-06
...supra; Custen v. Salty Dog. Inc., 170 A.D.2d 572 (2nd Dept 1991). Here, the alcohol was served at no charge. Joly v. Northway Motor Car Corp., 132 A.D.2d 790 (3rd Dept 1987). Therefore, the claims under the dram shop act must be dismissed because the statute is inapplicable to the facts of ......