Windsor Madison Corp. v. O'Connell

This is a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of respondent license commissioner in denying petitioner a license to conduct a “ going out of business ” sale. Petitioner conducts a haberdashery store and applied to respondent for a license to advertise by means of signs on the premises that it was being forced to go out of business and was selling its stock of merchandise at reduced prices because of this. Respondent refused to issue the license.

Petitioner asserts two grounds for overruling respondent’s decision. The first is that the statute…