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Edgar v. Kajet

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1976
55 A.D.2d 597 (N.Y. App. Div. 1976)

Opinion

December 6, 1976


In a negligence action to recover damages for personal injuries, plaintiff and defendants Howard and Ethel Harris and Elizabeth Werner appeal from an order of the Supreme Court, Nassau County, dated November 18, 1975, which granted defendant Avis, Inc.'s, motion to dismiss the complaint and all cross claims as against it, for failure to state a cause of action. Order affirmed, with one bill of $50 costs and disbursements jointly against appellants appearing separately and filing separate briefs. Under the circumstances in this case, wherein an employee became intoxicated at a company party, we cannot say that the provisions of section 11-101 Gen. Oblig. of the General Obligations Law and section 65 Alco. Bev. Cont. of the Alcoholic Beverage Control Law can be extended to charge the employer with liability for injuries caused by the employee's negligent driving. Pursuant to the stipulation of the parties, the decision herein applies to the case of Marsden v Kajet (Supreme Ct, Nassau County, Index No. 4306/73). Latham, Acting P.J., Damiani, Hawkins and O'Connor, JJ., concur. [ 84 Misc.2d 100.]


Summaries of

Edgar v. Kajet

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1976
55 A.D.2d 597 (N.Y. App. Div. 1976)
Case details for

Edgar v. Kajet

Case Details

Full title:PATRICIA EDGAR, Appellant, v. HUGO KAJET, Defendant, ELIZABETH WERNER et…

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

Date published: Dec 6, 1976

Citations

55 A.D.2d 597 (N.Y. App. Div. 1976)

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