Legal Opinion

McDougal v. . Malaghan

New York Court of Appeals

Decided March 13, 1906PublishedCited by 5 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1905, which affirmed an order of Special Term denying an application for the revocation of a liquor tax license. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1905, which affirmed an order of Special Term denying an application for the revocation of a liquor tax license. The facts, so far as material, are stated in the opinion. Any entrance to a building occupied exclusively as a dwelling, if within 200 feet of the saloon entrance, must be included in the application whether it is a back, side or front entrance, or whether it leads to the street or yard or whether it is separated from the saloon by a fence or wall. (L. 1896,…

1Per curiam

This proceeding was commenced by a taxpayer of the borough of Brooklyn to revoke a liquor tax certifícate issued to John Malaghan on the first of July, 1905, upon the ground that it was illegal because he did not file with his application the consents of the requisite number of owners of dwelling houses within 200 feet of his saloon.

The statute provides that-“when the nearest entrance to the premises described in said statement as those in which traffic in liquor is to be carried on is within two hundred feet, measured in a straight line, of the nearest entrance to a building or' buildings…

2Cited by5 opinions

  1. In re RuppNew York Supreme Court · 1907
  2. MATTER OF TIRDELL v. State Liquor Auth.New York Court of Appeals · 1963
  3. Galaxy Coffee Shop, Inc. v. HostetterAppellate Division of the Supreme Court of the State of New York · 1969
  4. In Re WhiteIndiana Court of Appeals · 1932
  5. MATTER OF TIRDELL v. State Liquor Auth.New York Court of Appeals · 1963

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