Court of Appeals of New York

In consolidated suits alleging violations of the Dram Shop Act and common-law negligence, the defendants' motion for summary judgment is ordered to be granted, where: 1) the defendants were not in a position to control their guest when he entered his vehicle and drove away; 2) requiring social hosts to prevent intoxicated guests from leaving their property would inappropriately expand the concept of duty; 3) the defendants had no duty to assist their guest as he pulled out of their driveway, or otherwise warn him that vehicles parked along the road next to the driveway might obstruct the view when exiting; and 4) the parked vehicles did not create a latent or dangerous condition on the defendants' property.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Victor M. Wright, Lisa A. Poch