FOX v. MERCER


109 A.D.2d 59 (1985)

Janet F. Fox, Individually and as Parent and Natural Guardian of Michelle Fox et al., Infants, and as Administratrix of The Estate of Kenneth W. Fox, Sr., Deceased, Respondent, v. Charles P. Mercer et al., Doing Business as Goodtime Charley's, Appellants, et al., Defendants

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

June 4, 1985


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Douglas A. Foss of counsel), for appellants.

Robert L. Brenna, Jr., for respondent.

DILLON, P. J., DOERR, DENMAN and BOOMER, JJ., concur.


SCHNEPP, J.

Kenneth W. Fox, Sr., was killed in a single-car accident while driving in an alleged intoxicated condition and his widow brought this action on behalf of herself individually and their three children under the Dram Shop Act (General Obligations Law § 11-101) for damages suffered by reason of the loss of his society, companionship, support and maintenance. This action has been consolidated with a wrongful death action instituted

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