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MITCHELL v. THE SHOALS, INC.

19 N.Y.2d 338 (1967)

Yvonne L. Mitchell, Respondent, v. The Shoals, Inc., Appellant.

Court of Appeals of the State of New York.

Decided April 11, 1967.

Attorney(s) appearing for the Case

John P. Carson and Sidney Jacobi for appellant.

Richard E. Shandell and Marvin Lechtman for respondent.

Judges BURKE, BERGAN and KEATING concur with Chief Judge FULD; Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the complaint upon the dissenting opinion at the Appellate Division; Judge BREITEL taking no part.

Chief Judge FULD.

On February 2, 1960, after having dinner together, the plaintiff, Yvonne Mitchell, her escort, Robert Taylor, and another couple drove to The Shoals, a restaurant on Staten Island, at about 9:00 P.M. for "a few drinks" and some dancing. Between dances, they had their drinks. Miss Mitchell, after consuming several, passed out and remained asleep for the rest of the evening. Taylor, who was on...

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