Green v. Liquors Seized at No. 1073 First Avenue
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Gaetano Ingrassia, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of March, 1916, upon the verdict of a jury rendered by direction of the court declaring liquors seized at No. 1073 First avenue, New York city, to be a nuisance and forfeited to the State.
1Opinion of the Court
McLaughlin, J.:
This appeal is from a judgment declaring intoxicating liquors seized under section 33 of the Liquor Tax Law (Consol. Laws, chap. 34 [Laws of 1909, chap. 39], as amd. by Laws of 1913, chap. 614) to be a nuisance and forfeited to the State. At the beginning of the trial the attorney for the plaintiff moved, upon the opening of defendant’s counsel, for judgment, which motion was granted. The opening is not set out in the record, but I think the rule to be applied is the one where a complaint is dismissed under similar circumstances. This rule is that the opening is a brief…
2Cases cited1 opinion
- Kley v. . HealyNew York Court of Appeals · 1891
3Cited by2 opinions
- People v. Thirty-One Cases of Lager-beer, New York County Courts1919
- Sisson v. Twenty-Five Barrels of BeerAppellate Division of the Supreme Court of the State of New York · 1919