Legal Opinion
Canada Dry Bottling Co. of Endicott, Inc. v. O'Connell
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1954PublishedCited by 8 opinions
1Per curiam
The court at Special Term has annulled a determination of the State Liquor Authority refusing to issue a renewal in 1953 of petitioner’s wholesale beer license because, on the basis of the papers before it, the court was of opinion that the Authority was arbitrary in its determination. The court has directed the issuance of the license.
The reasonableness of the Authority’s action, however, rests upon a complex factual background, to the adequate evaluation of which affidavits are poorly suited. There should be a careful trial of the issues raised by the pleadings in the proceeding.
This…
2Cases cited2 opinions
- Matter of Newbrand v. City of YonkersNew York Court of Appeals · 1941
- Matter of College Point Wine Liquors v. O'ConnellNew York Court of Appeals · 1946
3Cited by8 opinions
- Arcuri v. MacduffAppellate Division of the Supreme Court of the State of New York · 1955
- Rochester Colony, Inc. v. HostetterAppellate Division of the Supreme Court of the State of New York · 1963
- Pasta Chef, Inc. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
- Vilabar Cafe, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1967
- Johnson v. KellyAppellate Division of the Supreme Court of the State of New York · 1956
3 more not listed; retrieve them via the Exa API.