E. J. Korvette, Inc. v. State Liquor Authority
This text of 235 N.E.2d 223 (E. J. Korvette, Inc. v. State Liquor Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order affirmed, with costs, in the following memorandum. Petitioner waived its right to a joint or consolidated hearing on the applications by it and Al’s Liquors, Inc., by failing to ask for such a hearing within a reasonable time after it learned that the applications involved mutual exclusivity. In view of that waiver, the court finds it unnecessary to consider the petitioner-appellant’s contention that the rule of Ashbacker Radio Corp. v. F.C.C. (326 U. S. 327) entitles it to a joint or consolidated hearing on the applications filed by itself and Al’s Liquors, Inc. That rule is hardly limited to issues of public convenience.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
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Cite This Page — Counsel Stack
235 N.E.2d 223, 21 N.Y.2d 766, 288 N.Y.S.2d 239, 1968 N.Y. LEXIS 1663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-j-korvette-inc-v-state-liquor-authority-ny-1968.