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DUNPHY v. J & I SPORTS ENTERS

297 A.D.2d 23 (2002)

748 N.Y.S.2d 595

HILLARY DUNPHY, Appellant, v. J & I SPORTS ENTERPRISES, INC., Doing Business as PARROT HEADS, Defendant, and LILY FLANAGAN'S II, INC., Doing Business as LILY FLANAGAN'S, Respondent.

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

August 19, 2002.

Attorney(s) appearing for the Case

William F. Farrell, Lake Success (Sweetbaum & Sweetbaum [Marshall D. Sweetbaum] of counsel), for appellant.

Yoeli & Gottlieb, LLP, New York City (Michael Yoeli of counsel), for respondent.

RITTER, McGINITY and H. MILLER, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

The plaintiff is seeking reimbursement for certain medical expenses incurred by her adult son. The theory upon which she seeks such recovery, that is, the defendants' alleged violation of the "Dram Shop Act" (General Obligations Law §§ 11-100, 11-101), is one which would not have been available to the plaintiff's son himself, whose own intoxication led to the injuries which necessitated medical treatment (

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