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ROMANO v. STANLEY

90 N.Y.2d 444 (1997)

684 N.E.2d 19

661 N.Y.S.2d 589

Marie A. Romano et al., Respondents, v. Horace R. Stanley, as Administrator of The Estate of Nancy A. Stanley, et al., Defendants, and Martel's of Broadway, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Conolly, L. L. P., Albany (Michael J. Hutter of counsel), for Martel's of Broadway, Inc., appellant.

Maynard, O'Connor, Smith, Catalinotto & D'Agostino, Albany (Christine Kirwin Krackeler and Arete K. Sprio of counsel), and Kris T. Jackstadt for Jack's Oyster House, Inc., appellant.

Bonnie P. Chavin, Troy, and Seymour Fox, for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

TITONE, J.

General Obligations Law § 11-101 (1), popularly known as the Dram Shop Act, makes a party who "unlawfully" sells alcohol to another person liable for injuries caused by reason of that person's intoxication. Under Alcoholic Beverage Control Law § 65 (2), it is unlawful to furnish an alcoholic beverage to any "visibly intoxicated person." The present appeal concerns the sufficiency of an expert...

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