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Matter of L.B.R. Enterprises v. N.Y. State Liq. Auth

Court of Appeals of the State of New York
Apr 2, 1981
421 N.E.2d 823 (N.Y. 1981)

Opinion

Argued February 13, 1981

Decided April 2, 1981

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

John P. Bracken and Bryan E. Powers for appellant.

Stephen D. Kalinsky and Warren B. Pesetsky for respondent.


MEMORANDUM.

The judgment of the Appellate Division should be reversed and the determination of the State Liquor Authority annulled.

It is now settled that a liquor licensee does not suffer or permit the licensed premises to become disorderly (Alcoholic Beverage Control Law, § 106, subd 6) simply by using force to eject an unruly patron (see Matter of Barchat Tavern v Liquor Auth. of State of N.Y., 50 N.Y.2d 1019, 1020). Rather, a violation occurs only if unnecessary force is employed or other improper conduct occurs ( id.). Thus, the finding of the Liquor Authority in this case that force was used, without more, is insufficient to sustain a violation.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Judgment reversed, with costs and the determination of the State Liquor Authority annulled in a memorandum.


Summaries of

Matter of L.B.R. Enterprises v. N.Y. State Liq. Auth

Court of Appeals of the State of New York
Apr 2, 1981
421 N.E.2d 823 (N.Y. 1981)
Case details for

Matter of L.B.R. Enterprises v. N.Y. State Liq. Auth

Case Details

Full title:In the Matter of L.B.R. ENTERPRISES, INC., Doing Business as TUEY'S…

Court:Court of Appeals of the State of New York

Date published: Apr 2, 1981

Citations

421 N.E.2d 823 (N.Y. 1981)
421 N.E.2d 823
439 N.Y.S.2d 331

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