Jacobi v. New York State Liquor Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: In determining whether petitioner suffered or permitted his premises to become disorderly in violation of Alcholic Beverage Control Law § 106 (6), the issue is not merely whether an assault occurred, but rather whether the licensee took appropriate action or stood by and permitted the disorderly conduct to continue (Matter of Highway Tavern Corp. v McLaughlin, 105 AD2d 122, 140; Matter of Peanutbutter Jam v New York State Liq. Auth., 58 AD2d 703). The record does not contain substantial evidence to support the determination (see, 300 Gramatan Ave. Assoc. v State Div. of Human…
2Cases cited3 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Highway Tavern Corp. v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1984
- Peanutbutter Jam, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by2 opinions
- McGillicuddy's Tap House, Ltd. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Franz, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1994