Moyer v. Lo Jim Cafe, Inc.

CourtNew York Court of Appeals
Writing for the CourtThe Supreme Court, Trial Term, New York County, Rocco A. Parella
Parties, 200 N.E.2d 212 Rose B. MOYER, Appellant, v. LO JIM CAFE, INC., Respondent.
Decision Date04 June 1964

Page 30

251 N.Y.S.2d 30
14 N.Y.2d 792, 200 N.E.2d 212
Rose B. MOYER, Appellant,
v.
LO JIM CAFE, INC., Respondent.
Court of Appeals of New York.
June 4, 1964.

Appeal from Supreme Court, Appellate Division, First Department, 19 A.D.2d 523, 240 N.Y.S.2d 277.

Action by cafe patron against cafe operator for patron's injuries in fall.

The Supreme Court, Trial Term, New York County, Rocco A. Parella, J., gave judgment on jury's verdict for plaintiff, and the defendant appealed.

The Appellate Division reversed the judgment and dismissed the complaint and held that the action could only be one for ordinary negligence and that the proof was overwhelming that plaintiff's fall and resulting injury were caused in part by her voluntary intoxicated condition and that there was no special duty resting upon defendant to protect plaintiff from the results of her voluntary intoxication and that the intoxicated condition of the plaintiff was a relevant concurring cause of the injury constituting contributory negligence that barred recovery.

The plaintiff appealed to the Court of Appeals.

[14 N.Y.2d 793] Meiselman, Mishkin & Reilly, New York City (Robert Mishkin, New York City, of counsel), for plaintiff-appellant.

Brady, Devlin, Grubbs, Lawler & Reid, Brooklyn (John M. Cunneen, New York City, of counsel), for defendant-respondent.

Judgment affirmed, without costs, upon the ground that there is no sufficient proof that plaintiff's accident was caused by the negligence of defendant. We pass upon no other question.

All concur.

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41 practice notes
  • McNally v. Addis
    • United States
    • United States State Supreme Court (New York)
    • December 3, 1970
    ...of the Alcoholic Beverage Control Law has been read into the Dram Shop Act (Moyer v. Lo Jim Cafe, 19 A.D.2d 523, 240 N.Y.S.2d 277, affd. 14 N.Y.2d 792, 251 N.Y.S.2d 30, 200 N.E.2d 212; 3 Warren's [65 Misc.2d 215] Negligence, Intoxicated Persons § 4.02) and recovery may be had where a sale i......
  • Salem Group v. Oliver
    • United States
    • Superior Court of New Jersey
    • May 8, 1991
    ...liability unknown to the common law and not based upon negligence. (Moyer v. Lo Jim Cafe, Inc., 19 A.D.2d 523, 240 N.Y.S.2d 277, affd. 14 N.Y.2d 792, 251 N.Y.S.2d 30, 200 N.E.2d 212; McNally v. Addis, 65 Misc.2d 204, 317 N.Y.S.2d 157). The injured persons' reliance upon a violation of this ......
  • Manfredonia v. American Airlines, Inc.
    • United States
    • New York Supreme Court Appellate Division
    • May 14, 1979
    ...laws". The dram shop act is not based on common-law negligence (Moyer v. Lo Jim Cafe, 19 A.D.2d 523, 240 N.Y.S.2d 277, affd. 14 N.Y.2d 792, 251 N.Y.S.2d 30, 200 N.E.2d 212; 2 N.Y.Jur., Alcoholic Beverages, § 116, p. The question then arises whether the statute applies extraterritoriall......
  • Patton v. Carnrike, No. 78-CV-464.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • March 6, 1981
    ...22 See Mitchell v. The Shoals, Inc., supra note 18; Moyer v. Lo-Jim Cafe, Inc., 19 A.D.2d 523, 240 N.Y.S.2d 277 (1st Dep't 1963), aff'd, 14 N.Y.2d 792, 251 N.Y.S.2d 30 (1964); Vadasy v. Bill Feigel's Tavern, Inc., 88 Misc.2d 614, 391 N.Y.S.2d 32, aff'd, 55 A.D.2d 1011, 391 N.Y. S.2d 999 (4t......
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41 cases
  • McNally v. Addis
    • United States
    • United States State Supreme Court (New York)
    • December 3, 1970
    ...of the Alcoholic Beverage Control Law has been read into the Dram Shop Act (Moyer v. Lo Jim Cafe, 19 A.D.2d 523, 240 N.Y.S.2d 277, affd. 14 N.Y.2d 792, 251 N.Y.S.2d 30, 200 N.E.2d 212; 3 Warren's [65 Misc.2d 215] Negligence, Intoxicated Persons § 4.02) and recovery may be had where a sale i......
  • Salem Group v. Oliver
    • United States
    • Superior Court of New Jersey
    • May 8, 1991
    ...liability unknown to the common law and not based upon negligence. (Moyer v. Lo Jim Cafe, Inc., 19 A.D.2d 523, 240 N.Y.S.2d 277, affd. 14 N.Y.2d 792, 251 N.Y.S.2d 30, 200 N.E.2d 212; McNally v. Addis, 65 Misc.2d 204, 317 N.Y.S.2d 157). The injured persons' reliance upon a violation of this ......
  • Manfredonia v. American Airlines, Inc.
    • United States
    • New York Supreme Court Appellate Division
    • May 14, 1979
    ...laws". The dram shop act is not based on common-law negligence (Moyer v. Lo Jim Cafe, 19 A.D.2d 523, 240 N.Y.S.2d 277, affd. 14 N.Y.2d 792, 251 N.Y.S.2d 30, 200 N.E.2d 212; 2 N.Y.Jur., Alcoholic Beverages, § 116, p. The question then arises whether the statute applies extraterritoriall......
  • Patton v. Carnrike, No. 78-CV-464.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • March 6, 1981
    ...22 See Mitchell v. The Shoals, Inc., supra note 18; Moyer v. Lo-Jim Cafe, Inc., 19 A.D.2d 523, 240 N.Y.S.2d 277 (1st Dep't 1963), aff'd, 14 N.Y.2d 792, 251 N.Y.S.2d 30 (1964); Vadasy v. Bill Feigel's Tavern, Inc., 88 Misc.2d 614, 391 N.Y.S.2d 32, aff'd, 55 A.D.2d 1011, 391 N.Y. S.2d 999 (4t......
  • Request a trial to view additional results

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