Santoro v. Di Marco
| Decision Date | 19 January 1972 |
| Citation | 80 Misc.2d 296,363 N.Y.S.2d 694 |
| Parties | Peter SANTORO, an infant over the age of 14 years by his mother and guardian, Mary Santoro and Domenick Santoro, Respondents, v. John DI MARCO and Mary Di Marco, d/b/a Di Marco's, Appellants. |
| Court | New York Supreme Court |
Schrager & Schrager, Far Rockaway, for respondents.
Gottesman, Wolgel & Smith, New York City (Harold H. Wolgel, New York City, of counsel), for appellants.
Before GLICKMAN, P. J., and PITTONI and McCULLOUGH, JJ.
Judgment unanimously reversed, without costs, and complaint dismissed.
In our opinion, section 65(1) of the Alcoholic Beverage Control Law, prohibiting sales of liquor to persons under the age of eighteen years, does not create a cause of action in favor of an intoxicated person for injuries resulting from an accident. In Bizzell, supra, the defendant served alcoholic beverages to the plaintiff knowing she was already intoxicated. In an action brought to recover for personal injuries sustained by the plaintiff when she fell while leaving the premises, it was held that there was no special duty resting upon the defendant to protect the plaintiff from the results of her voluntary intoxication.
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