265 Dan's 34th Street Bar, Inc. v. O'Connell

Appellate Division of the Supreme Court of New York

265 Dan's 34th Street Bar, Inc. v. O'Connell

277 A.D.2d 1030

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 21, 1950

StatusPublished

This text of 277 A.D.2d 1030 (265 Dan's 34th Street Bar, Inc. v. O'Connell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

265 Dan's 34th Street Bar, Inc. v. O'Connell, 277 A.D.2d 1030 (N.Y. Ct. App. 1950).

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Opinion

There was no substantial evidence from which the conclusion could reasonably be reached, that the licensee suffered or permitted gambling on the licensed premises. The case is distinguishable on its facts from Matter of Avon Bar & Grill v. O’Connell (301 N. Y. 150). Determination annulled, with $50 costs and disbursements to the petitioner. Present — Peck, P. J., Glennon, Dore, Yan Voorhis and Shientag, JJ.; Dore, J., dissents and votes to confirm. Settle order on notice.

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There was no substantial evidence from which the conclusion could reasonably be reached, that the licensee suffered or permitted gambling on the licensed premises. The case is distinguishable on its facts from Matter of Avon Bar & Grill v. O’Connell (301 N. Y. 150). Determination annulled, with $50 costs and disbursements to the petitioner. Present — Peck, P. J., Glennon, Dore, Yan Voorhis and Shientag, JJ.; Dore, J., dissents and votes to confirm. Settle order on notice.

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Bluebook (online)

277 A.D.2d 1030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/265-dans-34th-street-bar-inc-v-oconnell-nyappdiv-1950.

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