Opinion
January 19, 1972
Appeal from the District Court of Nassau County, Second District, RAYMOND L. WILKES, J.
Bivin Welch ( Gottesman, Wolgel Smith, by Harold H. Wolgel and Bernard J. Robbins, of counsel), for appellants.
Schrager Schrager for respondents.
MEMORANDUM.
In our opinion, subdivision 1 of section 65 Alco. Bev. Cont. of the Alcoholic Beverage Control Law, prohibiting sales of liquor to persons under the age of 18 years, does not create a cause of action in favor of an intoxicated person for injuries resulting from an accident. (See Bizzell v. N.E.F.S. Rest, 27 A.D.2d 554, to same effect with reference to subdivision 2 of section 65 prohibiting sales of liquor to any intoxicated person. (Also, see generally, McNally v. Addis, 65 Misc.2d 204.) In Bizzell ( supra), the defendant served alcoholic beverages to the plaintiff knowing she was already intoxicated. In an action brought to recover for personal injuries sustained by the plaintiff when she fell while leaving the premises, it was held that there was no special duty resting upon the defendant to protect the plaintiff from the results of her voluntary intoxication.
Judgment reversed, without costs, and complaint dismissed.
Concur: GLICKMAN, P.J., PITTONI and McCULLOUGH, JJ.