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MATTER OF LYNCH'S BLDRS. REST. v. O'CONNELL

277 A.D. 705 (1951)

In the Matter of Lynch's Builders Restaurant, Inc., Petitioner, v. John F. O'Connell et al., Constituting The State Liquor Authority, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 8, 1951.

Attorney(s) appearing for the Case

Melvin L. Krulewitch of counsel (Barnet V. Kaufman, attorney), for petitioner.

Charles W. Chattaway of counsel (Alvin McKinley Sylvester, attorney), for respondents.

PECK, P. J. and GLENNON, J. concur; COHN, J. dissents and votes to confirm; DORE, J., taking no part.

VAN VOORHIS, J.

The restaurant liquor license of petitioner for premises located at 354 Lexington Avenue, New York City, in which it claims to have invested from $40,000 to $50,000, has been revoked by the State Liquor Authority upon the ground that it "suffered or permitted the licensed premises to become disorderly in violation of Section 106, subd. 6 of the Alcoholic Beverage Control Law in that it permitted...

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