SHERMAN v. ROBINSON


80 N.Y.2d 483 (1992)

Timothy J. Sherman, an Infant, by His Parent and Natural Guardian, Laura Sherman, et al., Appellants, v. David J. Robinson, an Infant, by His Parent and Natural Guardian, James Robinson, et al., Defendants, and Alaskan Oil, Inc., Doing Business as AOK Store, Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1992.


Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse (Michael A. Oropallo of counsel), for appellants.

Sugarman, Wallace, Manheim & Schoenwald, Syracuse (Laura A. Alderman of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE, BELLACOSA and SMITH concur; Judge HANCOCK, JR., taking no part.


KAYE, J.

This appeal asks whether a convenience store selling alcoholic beverages may be held liable, under statutory or common law, for personal injuries resulting from an indirect sale of alcohol to a minor. We answer that question in the negative, as did the motion court and Appellate Division.

On the evening of June 17, 1988, Michael Relf, a minor, presenting a driver's license he had found...

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