Jacob Oberson, Inc. v. Seyopp Corp.

O’Malley, J. (dissenting).

I am unable to agree with the conclusion reached by Mr. Justice Glennon. Park avenue and Fourth avenue are (within the purview of the statute) to be regarded as one street and avenue. Mere “ difference in nomenclature ” may not alter the factual situation. This was the effect of our decision in Matter of Frank v. Hub Liquors, Inc. (244 App. Div. 496; affd., 268 N. Y. 688).

If because of difference in name merely the two streets here in question are to be regarded as different thoroughfares, then a license may be issued to the premises at the southwesterly corner of…