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MATTER MAR-JEAR RESTAURANT CORP. v. NEW YORK STATE LIQUOR AUTHORITY (06/04/69)

COURT OF APPEALS OF NEW YORK 1969.NY.41842 <http://www.versuslaw.com>; 250 N.E.2d 580; 25 N.Y.2d 771 decided: June 4, 1969. IN THE MATTER OF MAR-JEAR RESTAURANT CORP., APPELLANT,v.NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT Matter of Mar-Jear Rest. Corp. v. New York State Liq. Auth., 31 A.D.2d 741, affirmed. Carl Moskowitz for appellant. Stanley Stein and Samuel Roberts for respondent. Concur: Chief Judge Fuld and Judges Burke, Bergan and Jasen. Judges Scileppi and Breitel dissent.


Matter of Mar-Jear Rest. Corp. v. New York State Liq. Auth., 31 A.D.2d 741, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Bergan and Jasen. Judges Scileppi and Breitel dissent.

 Order affirmed, without costs; no opinion. 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.

19690604

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