Legal Opinion

Smith v. Pope

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1979PublishedCited by 12 opinions

1Opinion of the Court

—Judgment unanimously affirmed, with costs. Memorandum: The contract for the proprietary operation by plaintiff of defendants’ restaurant, including the use of defendants’ liquor license, was against public policy (Alcoholic Beverage Control Law, §§ 2, 64, subd 4; §§ 100, 111), and hence was void (see Schley v Andrews; 225 NY 110; Duval v Wellman, 124 NY 156; 15 Williston, Contracts [3d ed], § 1763). Special Term erred, however, in stating that the contract was, therefore, malum in se, words of art which in law lead to a denial of relief to either party (Schley v Andrews, supra; Irwin v…

2Cases cited7 opinions

  1. Tracy v. . TalmageNew York Court of Appeals · 1856
  2. Pratt v. . ShortNew York Court of Appeals · 1880
  3. Schley v. . AndrewsNew York Court of Appeals · 1919
  4. Irwin v. . CurieNew York Court of Appeals · 1902
  5. Duval v. . WellmanNew York Court of Appeals · 1891

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Pacurib v. VillacruzCivil Court of the City of New York · 1999
  2. Baliotti v. WalkesAppellate Division of the Supreme Court of the State of New York · 1985
  3. Valiotis v. PsaroudisAppellate Division of the Supreme Court of the State of New York · 2010
  4. Specialty Restaurants Corp. v. BarryAppellate Division of the Supreme Court of the State of New York · 1999
  5. Cochran v. DellfavaRochester City Court · 1987

7 more not listed; retrieve them via the Exa API.

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