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SANTORO v. DI MARCO

80 Misc.2d 296 (1972)

Peter Santoro, an Infant, by His Mother and Guardian, Mary Santoro, et al., Respondents, v. John Di Marco et al., Doing Business as Di Marco's, Appellants.

Supreme Court, Appellate Term, Second Department.

January 19, 1972

Attorney(s) appearing for the Case

Bivin & Welch (Gottesman, Wolgel & Smith, by Harold H. Wolgel and Bernard J. Robbins, of counsel), for appellants. Schrager & Schrager for respondents.

Concur: GLICKMAN, P. J., PITTONI and McCULLOUGH, JJ.

MEMORANDUM.

In our opinion, subdivision 1 of section 65 of the Alcoholic Beverage Control Law, prohibiting sales of liquor to persons under the age of 18 years, does not create a cause of action in favor of an intoxicated person for injuries resulting from an accident. (See Bizzell v. N. E. F. S. Rest, 27 A.D.2d 554, to same effect with reference to subdivision 2 of section 65 prohibiting...

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