Vera v BH Broadway Owner LLC

Holding The court affirmed the denial of the motion to dismiss the Dram Shop Act claim as asserted by the plaintiff in her individual capacity for loss of support. However, the court modified the order to dismiss the claim insofar as it was asserted on behalf of the decedent’s estate, as the statute does not allow the intoxicated person or their estate to sue for injuries resulting from their own intoxication.

The court’s words

New York courts have repeatedly stated that a spouse . . . may bring an action individually under the statute to recover damages for economic loss resulting from the . . . death of the intoxicated person

2026 NY Slip Op 05921, at the official text

an intoxicated person or his or her estate cannot maintain a cause of action under the Dram Shop Act for injuries sustained as a result of that person's own intoxication

2026 NY Slip Op 05921, at the official text