College Point Wine & Liquors, Inc. v. O'Connell

Appellate Division of the Supreme Court of New York

College Point Wine & Liquors, Inc. v. O'Connell

271 A.D.2d 278

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

DecidedSeptember 30, 1946

StatusPublished

This text of 271 A.D.2d 278 (College Point Wine & Liquors, 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

College Point Wine & Liquors, Inc. v. O'Connell, 271 A.D.2d 278 (N.Y. Ct. App. 1946).

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Opinion

Per Curiam.

The failure to disclose in the original application in 1944 that petitioner’s officer, stockholder and director had previously been arrested on three occasions although a false statement was not a “ material ” false statement. The arrests were made on charges which were trivial, and all were dismissed. The statement, therefore, was insufficient basis for the cancellation of petitioner’s retail liquor license for the period March 1, 1946, to February 28, 1947. (Matter of 67 Liquor Shop, Inc., v. O’Connell, 270 App. Div. 773.)

The determination of the State Liquor Authority should, therefore, be annulled, with $50 costs and disbursements to the petitioner.

Martin, P. J., Townley and Cohn, JJ., concur in Per Curiam opinion; Dore and Callahan, JJ., dissent and vote to confirm the determination.

Determination annulled, with $50 costs and disbursements to the petitioner. Settle order on notice.

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Per Curiam.

The failure to disclose in the original application in 1944 that petitioner’s officer, stockholder and director had previously been arrested on three occasions although a false statement was not a “ material ” false statement. The arrests were made on charges which were trivial, and all were dismissed. The statement, therefore, was insufficient basis for the cancellation of petitioner’s retail liquor license for the period March 1, 1946, to February 28, 1947. (Matter of 67 Liquor Shop, Inc., v. O’Connell, 270 App. Div. 773.)

The determination of the State Liquor Authority should, therefore, be annulled, with $50 costs and disbursements to the petitioner.

Martin, P. J., Townley and Cohn, JJ., concur in Per Curiam opinion; Dore and Callahan, JJ., dissent and vote to confirm the determination.

Determination annulled, with $50 costs and disbursements to the petitioner. Settle order on notice.

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271 A.D.2d 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/college-point-wine-liquors-inc-v-oconnell-nyappdiv-1946.

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