Wright v. Sunset Recreation, Inc.
| Court | New York Supreme Court Appellate Division |
| Citation | 457 N.Y.S.2d 606,91 A.D.2d 701 |
| Decision Date | 02 December 1982 |
| Parties | Kathryn L. WRIGHT, as Executrix of the Estate of Clyde J. Wright, Deceased, Appellant, v. SUNSET RECREATION, INC., Respondent. |
Page 606
Wright, Deceased, Appellant,
v.
SUNSET RECREATION, INC., Respondent.
Third Department.
Page 607
Toomey & Dorfman, Albany (John E. Dorfman, Albany, of counsel), for appellant.
Tabner, Carlson, Farrell & Cholakis, Albany (Edward M. Scher, Albany, of counsel), for respondent.
Before MAHONEY, P.J., and MIKOLL, YESAWICH and LEVINE, JJ.
MEMORANDUM DECISION.
Appeal from an order of the Supreme Court at Special Term, entered October 26, 1981 in Rensselaer County, which granted defendant's motion for summary judgment dismissing the complaint.
During the early morning hours of December 23, 1979, Clyde J. Wright was travelling east on Route I-90 in the Town of East Greenbush when his vehicle was struck by an automobile, operated by Thomas Donnelly and owned by his wife, travelling west in the same traffic lane. Mr. Wright died from the injuries sustained in the accident. Thereafter, plaintiff, wife of the deceased and executrix of his estate, commenced an action against the Donnellys and the instant action against Sunset Recreation, Inc., wherein she alleged that the corporate defendant was responsible for her loss both on a theory of common-law negligence and strict liability pursuant to the Dram Shop Act (General Obligations Law, § 11-101). In both actions the complaint alleges that Mr. Donnelly was intoxicated at the time of the accident. Defendant Sunset Recreation, Inc. moved for summary judgment. Special Term granted the motion and this appeal by plaintiff ensued. 1
Turning to the common-law negligence theory first, we conclude that it does not raise a triable issue of fact. Any duty under this theory to control the conduct of patrons in consuming alcoholic beverages does not extend beyond the area where supervision and control may reasonably be exercised (Schirmer v. Yost, 60 A.D.2d 789, 400 N.Y.S.2d 655; Paul v. Hogan, 56 A.D.2d 723, 392 N.Y.S.2d 766). The deceased in the instant case was fatally injured by the actions of Thomas Donnelly driving a vehicle on a highway many miles away from the site of defendant's building. Plaintiff thus failed to allege the existence of any facts which could support a finding of liability against defendant on a theory of common-law negligence.
In her strict liability cause of action, plaintiff contends she has raised issues of fact as to whether defendant, in...
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Otis Engineering Corp. v. Clark, No. C-1227
...Watts, 180 Mont. 91, 589 P.2d 145 (1979); Bell v. Alpha Tau Omega Fraternity, 642 P.2d 161 (Nev.1982); Wright v. Sunset Recreation, Inc., 91 A.D.2d 701, 457 N.Y.S.2d 606 (1982); Johnson v. Paige, 47 Or.App. 1177, 615 P.2d 1185 (1980); Wilson v. Steinbach, 98 Wash.2d 434, 656 P.2d 1030 (1982......
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Valicenti v. Valenze
...broadly on the deterrent and remedial purposes of the act through its imposition of strict liability (see Wright v. Sunset Recreation, 91 A.D.2d 701, 457 N.Y.S.2d 606; Matalavage v. Sadler, 77 A.D.2d 39, 43, 432 N.Y.S.2d 103; Mitchell v. The Shoals, Inc., 26 A.D.2d 78, 79, 271 N.Y.S.2d 137,......
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D'Amico v. Christie
...v. Franco, 122 A.D.2d 15, 16, 504 N.Y.S.2d 186; Greer v. Ferrizz, 118 A.D.2d Page 4 536, 499 N.Y.S.2d 758; Wright v. Sunset Recreation, 91 A.D.2d 701, 457 N.Y.S.2d 606; Gabrielle v. Craft, 75 A.D.2d 939, 438 N.Y.S.2d 84; Kohler v. Wray, 114 Misc.2d 856, 452 N.Y.S.2d 831). Plaintiff urges th......
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Conrad v. Beck-Turek, Ltd., Inc., No. 93 CV 0610 (BDP).
...a third-party, i.e., not the inebriate, and the accident occurred off the premises of the liquor establishment. See Wright v. Sunset, 457 N.Y.S.2d 606, 607, 91 A.D.2d 701, 701 (3d Dept.1982) ("Any duty under a common-law negligence theory to control the conduct of patrons in consuming alcoh......
-
Otis Engineering Corp. v. Clark, No. C-1227
...Watts, 180 Mont. 91, 589 P.2d 145 (1979); Bell v. Alpha Tau Omega Fraternity, 642 P.2d 161 (Nev.1982); Wright v. Sunset Recreation, Inc., 91 A.D.2d 701, 457 N.Y.S.2d 606 (1982); Johnson v. Paige, 47 Or.App. 1177, 615 P.2d 1185 (1980); Wilson v. Steinbach, 98 Wash.2d 434, 656 P.2d 1030 (1982......
-
Valicenti v. Valenze
...broadly on the deterrent and remedial purposes of the act through its imposition of strict liability (see Wright v. Sunset Recreation, 91 A.D.2d 701, 457 N.Y.S.2d 606; Matalavage v. Sadler, 77 A.D.2d 39, 43, 432 N.Y.S.2d 103; Mitchell v. The Shoals, Inc., 26 A.D.2d 78, 79, 271 N.Y.S.2d 137,......
-
D'Amico v. Christie
...v. Franco, 122 A.D.2d 15, 16, 504 N.Y.S.2d 186; Greer v. Ferrizz, 118 A.D.2d Page 4 536, 499 N.Y.S.2d 758; Wright v. Sunset Recreation, 91 A.D.2d 701, 457 N.Y.S.2d 606; Gabrielle v. Craft, 75 A.D.2d 939, 438 N.Y.S.2d 84; Kohler v. Wray, 114 Misc.2d 856, 452 N.Y.S.2d 831). Plaintiff urges th......
-
Conrad v. Beck-Turek, Ltd., Inc., No. 93 CV 0610 (BDP).
...a third-party, i.e., not the inebriate, and the accident occurred off the premises of the liquor establishment. See Wright v. Sunset, 457 N.Y.S.2d 606, 607, 91 A.D.2d 701, 701 (3d Dept.1982) ("Any duty under a common-law negligence theory to control the conduct of patrons in consuming alcoh......