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O'GARA v. ALACCI

2008-05841.

67 A.D.3d 54 (2009)

887 N.Y.S.2d 106

2009 NY Slip Op 06668

KATHLEEN ANN O'GARA, Plaintiff, v. GLADYS ALACCI et al., Defendants/Third-Party Plaintiffs-Appellants. KATONAH BAR & GRILL et al., Third-Party Defendants-Respondents.

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

Decided September 22, 2009.

Attorney(s) appearing for the Case

Nesci-Keane, PLLC, Hawthorne (Jason M. Bernheimer of counsel), for defendants/third-party plaintiffs-appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Robyn Gellert and Jamie C. Kulovitz of counsel), for third-party defendants-respondents.

RIVERA, J.P., ANGIOLILLO and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

COVELLO, J.

In this action to recover damages for personal injuries, the primary question presented is whether the owner and operator of a car that struck an intoxicated and allegedly careless pedestrian may seek contribution from the party that sold alcohol to the pedestrian, based on that party's alleged violation of the Dram Shop Act (see General Obligations Law § 11-101). We answer that question in the affirmative.

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