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OSJ, INC. v. WORK

180 Misc.2d 804 (1999)

691 N.Y.S.2d 302

OSJ, Inc., Doing Business as The Old Stone Jug, et al., Plaintiffs, v. Charles E. Work et al., Defendants.

Supreme Court, Madison County.

April 12, 1999

Attorney(s) appearing for the Case

Getnick Livingston Atkinson Gigliotti & Priore, L. L. P., Utica (Michael E. Getnick of counsel), for Charles E. Work, defendant. Linnan Law Firm, Albany (Charlene S. Fallon of counsel), for plaintiffs.

WILLIAM F. O'BRIEN, III, J.

INTRODUCTION

This case, now before the court upon defendant Work's motion for summary judgment or to dismiss plaintiffs' complaint for failure to state a cause of action, is one of first impression in New York State. It involves Alcoholic Beverage Control Law § 65, concerning underage drinking, the public policy concerns and legislative intent in the drafting of such...

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