Appellate Division of the Supreme Court of the State of New York December 19, 2012 (Daly v. Finley)

On the evening of March 10, 2006, the defendant hosted a party for her daughter’s 21st birthday at the defendant’s house in Yaphank. The plaintiff Lee Daly (hereinafter Lee) and his brother, the plaintiff Nicholas Daly (hereinafter Nicholas), were not invited to the party but accompanied an invited guest, the nonparty David Cholten, to the house.