Legal Opinion

330 Restaurant Corp. v. State Liquor Authority

New York Court of Appeals

Decided April 22, 1970PublishedCited by 10 opinions

1Opinion of the CourtBurke, J.

Respondent operated a restaurant and was licensed to sell liquor at retail for on-premise consumption (Alcoholic Beverage Control Law, § 64). The State Liquor Authority (“Authority”), concluding that the premises had ceased “to be operated as a bona fide premises within the contemplation of the license issued ” (9 NYCRR 53.1 [d]), canceled the license.

Since that determination, respondent has terminated its operations. Appellant, however, has a continuing interest in the disposition of this appeal. Because several licensed “ restaurants ” operate in a manner similar to that of respondent, the…

2Cases cited5 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  3. Holland v. EdwardsNew York Court of Appeals · 1954
  4. Claim of McCormack v. National City BankNew York Court of Appeals · 1951
  5. Playboy Club of New York, Inc. v. HostetterNew York Supreme Court · 1963

3Cited by10 opinions

  1. MATTER OF VITO v. NyquistNew York Court of Appeals · 1977
  2. Meyer v. RozziAppellate Division of the Supreme Court of the State of New York · 1985
  3. McGinigle v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1977
  4. Delfino v. CarmodyAppellate Division of the Supreme Court of the State of New York · 1977
  5. 47 Ave. B East Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

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