The Second Department ruled that summary judgment should have been granted to a fraternity (SPFI) in an action brought pursuant the General Obligations Law 11-100 (creating a cause of action against those who provide alcohol to persons who subsequently cause injury). Plaintiff was injured in a fight that took place outside the fraternity house and there was no evidence the assailant (Poffenbarger) was provided with alcohol while in the fraternity house:
A defendant may be liable for injuries caused by an intoxicated guest that occurred on the defendant’s property, or in an area under the defendant’s control, where the defendant had the opportunity to control the intoxicated guest and was reasonably aware of the need for such control … . Here, the [fraternity] defendants established their prima facie entitlement to judgment as a matter of law dismissing the negligence cause of action insofar as asserted against SPFI by showing that the plaintiff’s injuries occurred in an area not under SPFI’s control and, thus, that SPFI had no duty to supervise or control Poffenbarger’s conduct in that area … .
…Supreme Court erred in denying that branch of the Sigma Pi defendants’ motion which was for summary judgment dismissing the cause of action to recover damages pursuant to General Obligations Law § 11-100 insofar as asserted against SPFI.
General Obligations Law § 11-100 provides:
“Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of twenty-one years.” * * *
Here, the [fraternity] defendants established their prima facie entitlement to judgment as a matter of law dismissing the cause of action to recover damages pursuant to General Obligations Law § 11-100 … . Specifically, the [fraternity] defendants established… that SPFI did not knowingly cause Poffenbarger’s intoxication or impairment of ability … . Holiday v Poffenbarger, 2013 NY Slip Op 06658, 2nd Dept 10-16-13