Opinion
February 6, 1995
Appeal from the Supreme Court, Putnam County (Hickman, J.).
Ordered that the order is affirmed, with costs.
The then-18-year-old plaintiff sustained personal injuries when the car she was driving collided with a tree on a public road at least one hour after she allegedly consumed alcoholic beverages at the respondent's establishment.
We find that the plaintiff has no viable common-law cause of action against the respondent (see, Van Neil v. Hopper, 167 A.D.2d 954; see also, Vandenburg v. Brosnan, 129 A.D.2d 793, affd 70 N.Y.2d 940). Based on the circumstances of this case, the Supreme Court was correct in declining to impose liability upon the respondent since it owed no duty to protect the plaintiff from the consequences of her voluntary intoxication (see, Van Neil v Hopper, supra; see also, Reuter v. Flobo Enters., 120 A.D.2d 722; see generally, Sheehy v. Big Flats Community Day, 73 N.Y.2d 629; D'Amico v. Christie, 71 N.Y.2d 76). Bracken, J.P., Copertino, Joy and Altman, JJ., concur.