Pursuant to General Obligations Law § 11-101, a party who unlawfully sells alcohol to another person is liable for injuries caused by reason of that person's intoxication. Pursuant to Alcoholic Beverage Control Law § 65(1), it is unlawful to furnish an alcoholic beverage to any "person, actually or apparently, under the age of twenty-one years." While § 11-100 does not explicitly require knowledge or a reasonable belief of the purchaser's being underage, it is a requirement for liability to attach.
Ferber v. Olde Erie Brew Pub & Grill, LLC, NY Slip Op 03827 (2d Dep't May 30, 2018)
Here is the decision.
