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Matter of Austin Lemontree v. New York St. Liq. Auth

Court of Appeals of the State of New York
Oct 17, 1989
547 N.E.2d 93 (N.Y. 1989)

Summary

In Austin Lemontree, the Appellate Division concluded that the minor's presence just three feet away from the bar where four or five bartenders were working at the time the drink was purchased for, and given to the minor, was sufficient to support the conclusion that the petitioner's illegal conduct was open, observable and capable of prevention through the exercise of reasonable diligence (see, 147 A.D.2d, at 477).

Summary of this case from S & R Lake Lounge, Inc. v. New York State Liquor Authority

Opinion

Decided October 17, 1989

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Richard J. Oddo for appellant.

Sharon L. Tillman and Roberta L. Hiller for respondent.


On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 147 A.D.2d 476).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.


Summaries of

Matter of Austin Lemontree v. New York St. Liq. Auth

Court of Appeals of the State of New York
Oct 17, 1989
547 N.E.2d 93 (N.Y. 1989)

In Austin Lemontree, the Appellate Division concluded that the minor's presence just three feet away from the bar where four or five bartenders were working at the time the drink was purchased for, and given to the minor, was sufficient to support the conclusion that the petitioner's illegal conduct was open, observable and capable of prevention through the exercise of reasonable diligence (see, 147 A.D.2d, at 477).

Summary of this case from S & R Lake Lounge, Inc. v. New York State Liquor Authority
Case details for

Matter of Austin Lemontree v. New York St. Liq. Auth

Case Details

Full title:In the Matter of AUSTIN LEMONTREE, INC., Appellant, v. NEW YORK STATE…

Court:Court of Appeals of the State of New York

Date published: Oct 17, 1989

Citations

547 N.E.2d 93 (N.Y. 1989)
547 N.E.2d 93
547 N.Y.S.2d 838

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