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WIEST v. BRESLAW

8 A.D.3d 202 (2004)

780 N.Y.S.2d 125

LINDA WIEST, Respondent, v. RICHARD BRESLAW et al., Appellants, et al., Defendants.

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

June 29, 2004.

While plaintiff's decedent acted unlawfully in possessing and ingesting ecstasy at the Twilo nightclub, such was not the type of offensive conduct that would preclude recovery under the in pari delicto doctrine (Chemical Bank v Stahl, 237 A.D.2d 231 [1997]; see also Alami v Volkswagen of Am., 97 N.Y.2d 281 [2002]). The decedent's illegal behavior pales in comparison to appellants' wrongdoing...

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