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MATTER OF DU BARRY CATERERS v. MONAGHAN

279 A.D. 399 (1952)

In the Matter of Du Barry Caterers, Inc., Respondent, v. George P. Monaghan, as Police Commissioner of The City of New York, Appellant

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

February 26, 1952.

Attorney(s) appearing for the Case

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

Harry A. Roth for respondent.

PECK, P. J., DORE, COHN and BERGAN, JJ., concur.

SHIENTAG, J.

The appeal is from an order of the Supreme Court annulling the action of the police commissioner of the city of New York which denied the petitioner's application for a renewal of two cabaret licenses. Those licenses had hitherto been revoked by the police commissioner on the ground that an immoral show was conducted in the licensed premises on March 19, 1951. By a sharply divided court we set aside...

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