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STEWART v. TAYLOR

167 A.D.2d 846 (1990)

Hazel Stewart, as Parent and Natural Guardian of Leapert Stewart, Jr., an Infant, Appellant, v. Shawn D. Taylor et al., Defendants, Niagara Frontier Services, Inc., Doing Business as Tops Friendly Markets, Respondent, and Pamela Rosen et al., Appellants

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

November 16, 1990

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court correctly determined that a commercial vendor cannot be held liable under section 11-100 or 11-101 of the General Obligations Law absent proof that it sold alcoholic beverages directly to the alleged tort-feasor (General Obligations Law § 11-101; see also, Smith v Guli, 117 A.D.2d 1017; Lee v Holloway,

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