Legal Opinion
54 Cafe & Restaurant, Inc. v. O'Connell
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1948PublishedCited by 20 opinions
1Opinion of the CourtShientag, J.
This is a proceeding brought pursuant to article 78 of the Civil Practice Act to review the action of the *429respondents, constituting the State Liquor Authority (hereinafter referred to as the “ Authority ”), in cancelling petitioner’s restaurant liquor license after a hearing held in accordance with the provisions of the Alcoholic Beverage Control Law.
The license, as the sound policy of the Alcoholic Beverage Control Law requires, was issued subject to the condition that the licensee maintain a restaurant on the premises. That means a bona fide restaurant as that term is commonly understood.…
2Cases cited2 opinions
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- Matter of CaseNew York Court of Appeals · 1915
3Cited by20 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Simpson v. WolanskyNew York Court of Appeals · 1975
- Cortland-Clinton, Inc. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1977
- Sled Hill Cafe, Inc. v. HostetterNew York Court of Appeals · 1968
- Matty's Rest. Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1964
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