Legal Opinion

Oval Bar & Restaurant, Inc. v. Bruckman

New York Supreme Court

Decided June 5, 1941PublishedCited by 6 opinions

1Opinion of the CourtSchirick, J.

An unfortunate situation is presented in that certain individuals had purchased the stock of the licensed corporation, upon approval of the Authority, a short time prior to the rendition of the ruling which is here attacked. This circumstance cannot, however, alter basic principles.

A license to sell liquor “ is not property in any legal or constitutional sense; it is simply a temporary permit, issued in the exer*245cise of the police power of the State, to do that which otherwise would be unlawful to do.” (Matter of Yates v. Mulrooney, 245 App. Div.146.) The permit is issued to the licensee for a…

2Cases cited1 opinion

  1. Tammaro v. BruckmanNew York Supreme Court · 1939

3Cited by6 opinions

  1. Whitesides v. Council of CheyenneWyoming Supreme Court · 1957
  2. Yarbrough v. MontoyaNew Mexico Supreme Court · 1950
  3. State Ex Rel. Billado v. Control CommissionersSupreme Court of Vermont · 1946
  4. Pinzino v. Supervisor of Liquor ControlSupreme Court of Missouri · 1960
  5. State ex rel. Garrett v. RandallSupreme Court of Missouri · 1975

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