Defendant's motion for summary judgment raises for the first time in New York the question whether damages for mental anguish, unaccompanied by any physical injury, are recoverable under the present Dram Shop Act (General Obligations Law § 11-101).
Between 11:30 P.M. and midnight on a dark night in January 1985, the plaintiff was driving her car on an unlighted road winding around a development and a golf course. She suddenly...
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