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PEOPLE v. AMERADA HESS CORP.

196 Misc.2d 426 (2003)

765 N.Y.S.2d 202

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. AMERADA HESS CORPORATION and HESS MART INC., Defendants.

District Court of Nassau County, Second District.

June 16, 2003.

Attorney(s) appearing for the Case

Murphy Bartol & O'Brien, LLP, for defendants.

Joseph Ra, Town Attorney (Mario Bove of counsel), for plaintiff.

OPINION OF THE COURT

JOEL K. ASARCH, J.

This case involves a question of concern to municipalities: may a restrictive covenant running with the land bar the sale of alcoholic beverages at the location even though such sale is licensed by the New York State Liquor Authority?

The defendants, Amerada Hess Corporation and Hess Mart Inc., have been charged with two counts of violating article XXXIII, § 336 of the Building Zone Ordinance of the Town...

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