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REICKERT v. MISCIAGNA

183 A.D.2d 151 (1992)

Jeffrey Reickert, Plaintiff, and Marilyn Reickert, Appellant, v. Pasquale Misciagna et al., Respondents

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

November 2, 1992

Attorney(s) appearing for the Case

Meiselman, Boland, Reilly & Fugazzi, Mineola (Donald J. Boland and John Reilly of counsel), for appellant.

Curtis, Zaklukiewicz, Vasile, Devine & McElhenny, Merrick (John P. Humphreys of counsel), for Pasquale Misciagna and another, respondents.

John P. Coogan, Wantagh, for Ray Forkel, Sr., and another, respondents.

MANGANO, P. J., HARWOOD and MILLER, JJ., concur.

SANTUCCI, J.

The question presented on this appeal is whether, as a matter of law, a parent can be held liable pursuant to General Obligations Law § 11-100 where the parent does not actually furnish or assist in procuring alcoholic beverages to persons under the legal drinking age, but allegedly contributes to an atmosphere where alcoholic beverages were available...

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