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The New York Dram Shop Law, General Obligations Law § 11-101, imposes liability upon any retail establishment that illegally sells alcohol to an individual who causes injury to another as a result of being intoxicated.
In this program, experienced trial attorney Andrew J. Smiley explains the New York Dram Shop Law and how it is applied in a personal injury or wrongful death case. This course is perfect for attorneys who are currently, or potentially, representing plaintiffs or defendants in a lawsuit where the plaintiff was injured or killed by an intoxicated person who purchased alcohol prior to the accident.
I. Recognize the applicable NY Statutes:
a. NYABC Law § 65
b. GOL § 11-101
c. GOL § 11-100
II. Make out a prima facie case
III. Know the defenses to a Dram Shop claim
IV. Understand the state of the law in Dram Shop Cases in New York State
Areas of Practice
New York, 1997
U.S. District Court Eastern District of New York, 1997
U.S. District Court Southern District of New York, 1997
U.S. District Court District of Vermont, 1999
U.S. Supreme Court, 2003
Brooklyn Law School, Brooklyn, New York
J.D. - 1996
Honors: Vice President, Moot Court Honor Society
Honors: Executive Board -Chair of Trial Division
Honors: Coach - Brooklyn Law School National Trial Team Northeast Region Champions
Honors: Judge Edward and Doris A. Thompson Award for Excellence in Trial Advocacy
B.A. - 1993
Pro Bono Activities
Member, Friars Club
Andrew has a clear and easy to follow presentation style. Very well done program.
Excellent! Prosit !
I’m now in the know. Great overview of the specific law.
Excellent, stand up, extremely knowledgeable presentation. Great orange tie. Learned something new.
Excellent course; well thought out ; a good course for attorneys and non-attorneys,.
One of the clearest CLE presentations I've seen. As a relatively recent law grad, I'd say you should consider teaching.
Very good presentation.
Informative and interesting.
Engaging speaker. Easy to listen to. Very interesting topic that I didn't know much about.
Great presentation, clear, cohesive, informative.
Excellent instructor. Very organized, clear, concise and explained legal issues in a very accessible manor. Exception written materials and lecture.
Very well done.
Clear, concise and taught me the law.
I enjoyed Mr. Smiley's presentation. I will seek out other topics upon which he has presented.
WOW, this was an extremely interesting lecture! Nice going!
This program was great. I feel like I really understand how the basis for liability works and how to establish defenses in these cases. Thank you.
Very well done.
Mr. Smiley presented the material in a very organized, interesting and easy to understand manner.
This is an area I did not know. The speaker explained the two applicable statutes and their differences in plain and clear terms.
I really enjoyed this topic. Very informative CLE.
Program and presentation were excellent. I had little understanding f Dram Shop Law before taking this seminar.
Excellent, presented well and very informative.
Another terrific presentation.
Very informative and helpful
Really good presenter.
A great speaker and teacher.I enjoyed his opening statement training and noted in this one that he had his drink of water handy!
Excellent course that clearly presented the Dram Shop Law and 11-100 as well.
Very knowldegable speaker!
Very good lecture and discussion of the applicable NY statutes.
Smiley is great
Excellent course, very we'll presented.
Great CLE! Speaker was interesting and easy to follow.
Mr Smiley is a very good speaker, and very educational I enjoy his lectures
Excellent, helpful presentation