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MATALAVAGE v. SADLER

77 A.D.2d 39 (1980)

Mark Matalavage, an Infant, by Mary A. Paskey, His Natural Mother and Guardian and Administratrix of the Goods, Chattels and Credits of William J. Matalavage, Deceased, Appellant-Respondent, v. Robert Sadler, Doing Business as Maybrook Inn, Respondent, and John Marshall et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 6, 1980

Attorney(s) appearing for the Case

Albert J. Emanuelli for appellant-respondent.

Finkelstein, Mauriello, Kaplan & Levine, P. C. (Howard Karger and Sheila Callahan of counsel), for respondents-appellants.

MOLLEN, P. J., HOPKINS and MANGANO, JJ., concur.

TITONE, J.

The issue is whether the infant child of an intoxicated person who is killed by reason of his intoxication, may institute a cause of action under section 11-101 of the General Obligations Law.

I. FACTS

Mary Ann Paskey commenced the present action as "natural mother and Guardian" of Mark Matalavage, and "Guardian and Administratrix of the Goods, Chattels and Credits" of the decedent ...

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