Dram shop liability under New York law requires which of the following elements?

• A. A sale of alcohol by any individual suffices.
• B. Liability arises only in private homes when alcohol is sold.
• C. There must be a commercial sale of alcohol, and unlawful sales to a minor or intoxicated person may lead to liability.
• D. It does not apply to alcohol purchases by the intoxicated person.

Answer: (C)

Dram shop liability in New York focuses on when a commercial seller of alcohol can be held responsible for harm caused by the person to whom they sold the alcohol. The key idea is that liability attaches to legitimate, commercial alcohol sellers only when they unlawfully sell to someone who is a minor or who is visibly intoxicated, and that sale contributes to injuries caused by that intoxicated person. The best answer captures both elements: there must be a commercial sale of alcohol, and unlawful sales to a minor or intoxicated person may give rise to liability. This reflects the role of bar, restaurant, and liquor-store sellers, not private individuals, and it recognizes that illegal sales to minors or intoxicated people are the trigger for potential liability.