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Mar-Jear Restaurant Corp. v. New York State Liquor Authority

25 N.Y.2d 771 Court N.Y. Decision date 1969-06-04 English

Contents

Majority

p. 771
In the Matter of Mar-Jear Restaurant Corp., Appellant, v. New York State Liquor Authority, Respondent.
Argued May 15, 1969;
decided June 4, 1969.
p. 773
Carl Moskowitz for appellant.
Stanley Stein and Samuel Roberts for respondent.

Concur: Chief Judge Fuld and Judges Burke, Bergan* and Jasen*. Judges Scileppi and Bkeitel 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.