Matter of Mar-Jear Rest. v. Liq. Auth

Full title: In the Matter of MAR-JEAR RESTAURANT CORP., Appellant, v. NEW YORK STATE…

Court: Court of Appeals of the State of New York

Date published: Jun 4, 1969

250 N.E.2d 580 (N.Y. 1969)

250 N.E.2d 580

303 N.Y.S.2d 521

Opinion

Argued May 15, 1969

Decided June 4, 1969

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.

Carl Moskowitz for appellant.

Stanley Stein and Samuel Roberts for respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and JASEN. Judges SCILEPPI and BREITEL dissent and vote to reverse and remand to the Authority to reinvestigate the application and then act anew on the application, on the ground that the Authority based its present determination on no more than a series of remote hearsay accusations, each of which on investigation was established to be unproved or unprovable, and on an insufficiently relevant comparison of price to gross profit.