ADAMY v. ZIRIAKUS


92 N.Y.2d 396 (1998)

704 N.E.2d 216

681 N.Y.S.2d 463

Candice G. Adamy, Individually and as Administratrix of The Estate of Joseph P. Adamy, Deceased, Respondent-Appellant, v. Mark T. Ziriakus, Defendant, and T.G.I. Friday's, Inc., Appellant-Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1998.


Attorney(s) appearing for the Case

Edward C. Cosgrove, Buffalo, for appellant-respondent.

Eugene C. Tenney, Buffalo, for respondent-appellant.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


Chief Judge KAYE.

Central to these cross appeals is the question whether there was evidence to support the jury's verdict that defendant T.G.I. Friday's served alcohol to a customer while he was "visibly intoxicated" (General Obligations Law § 11-101; Alcoholic Beverage Control Law § 65 [2]) and was therefore liable for fatal injuries suffered by plaintiff's decedent in a car accident. Concluding that...

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