New York Court of Appeals
Marie A. Romano, Respondents v. Horace R. Stanley, as Administrator of the Estate of Nancy A. Stanley, Et…
July 1, 199790 N.Y.2d 444
Summary
The Court reversed the Appellate Division, holding that an expert affidavit based solely on blood and urine alcohol levels without factual support for visible intoxication is insufficient to defeat summary judgment on a Dram Shop Act claim. Circumstantial evidence may be used, but the expert's conclusions must be grounded in specific facts and reliable methodology.