Damages
Decisions on what an injured person can recover, including appellate review of verdicts.
-
Dram Shop Act: A Widow May Sue a Restaurant for Her Own Loss of Support, but Her Husband’s Estate May Not (Vera v BH Broadway Owner LLC, 1st Dept 2026)
New York’s Dram Shop Act can let a spouse who loses financial support when a drinker is hurt or killed sue the business that unlawfully served the drinker, but it gives no claim to the drinker or his estate. Here, the First Department let a widow’s own loss-of-support claim go forward against a restaurant that, she alleges, kept serving her visibly intoxicated husband before he fell down its stairs, but held that the claim fails insofar as it was brought on behalf of anyone else, including his estate.
Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.
Legal Help When You Need It
Fill out the form to request a consultation and we will be in touch as soon as possible.
(212) 433-4500Toll-free 1-800-321-NYLAW (1-800-321-6952)
- Calls answered live 24 hours a day, 7 days a week.
- We speak English, Spanish and Portuguese.
- Main office
450 Seventh Avenue, Suite 1808
New York, NY 10123 - Downtown office
30 Wall Street, Suite 804
New York, NY 10005
By appointment only