Majority
p. 751The People of the State of New York, Respondent-Appellant, v. Standard Accident Insurance Company, Appellant, and Elaine & Heyward Bar and Restaurant, Inc., Respondent. Argued May 8, 1963; decided June 6, 1963.
p. 752
N. A. Markowitz and George F. Blake for appellant.
Lotiis J. Lefkowitz, Attorney-General (Philip Watson and Paxton Blair of counsel), for respondent-appellant.
David Gale for respondent.
p. 753
Judgment modified, with costs to appellant Standard, and complaint dismissed as to it upon the ground that the action was not brought within the time conditioned by the bond and that such defense is available to it and, as so modified, affirmed, with costs to respondent Elaine & Heyward. We pass upon no other question. No opinion.
Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke, Foster and Scileppi. Judge Dye dissents and votes to affirm upon the ground that the surety is liable under the provisions of section 112 of the Alcoholic Beverage Control Law (see Alcoholic Beverage Control Law, § 118; Buies of State Liq. Auth., rule 36, and see, also, Matter of Colonial Liq. Distrs. v. O’Connell 295 N. Y. 129 ).
Cases cited
- Colonial Liquor Distributors, Inc. v. O'Connell 295 N. Y. 129 p. 753