Jacobi v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Jacobi v. New York State Liquor Authority

124 A.D.2d 1005, 508 N.Y.S.2d 782, 1986 N.Y. App. Div. LEXIS 62338

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

DecidedNovember 10, 1986

StatusPublished

Cited by2 cases

This text of 124 A.D.2d 1005 (Jacobi v. New York State Liquor Authority) 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

Jacobi v. New York State Liquor Authority, 124 A.D.2d 1005, 508 N.Y.S.2d 782, 1986 N.Y. App. Div. LEXIS 62338 (N.Y. Ct. App. 1986).

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Opinion

Memorandum: In determining whether petitioner suffered or permitted his premises to become disorderly in violation of Alcholic Beverage Control Law § 106 (6), the issue is not merely whether an assault occurred, but rather whether the licensee took appropriate action or stood by and permitted the disorderly conduct to continue (Matter of Highway Tavern Corp. v McLaughlin, 105 AD2d 122, 140; Matter of Peanutbutter Jam v New York State Liq. Auth., 58 AD2d 703). The record does not contain substantial evidence to support the determination (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 182). (Article 78 proceeding transferred by order of Supreme Court, Erie County, NeMoyer, J.) Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.

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Memorandum: In determining whether petitioner suffered or permitted his premises to become disorderly in violation of Alcholic Beverage Control Law § 106 (6), the issue is not merely whether an assault occurred, but rather whether the licensee took appropriate action or stood by and permitted the disorderly conduct to continue (Matter of Highway Tavern Corp. v McLaughlin, 105 AD2d 122, 140; Matter of Peanutbutter Jam v New York State Liq. Auth., 58 AD2d 703). The record does not contain substantial evidence to support the determination (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 182). (Article 78 proceeding transferred by order of Supreme Court, Erie County, NeMoyer, J.) Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.

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Bluebook (online)

124 A.D.2d 1005, 508 N.Y.S.2d 782, 1986 N.Y. App. Div. LEXIS 62338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobi-v-new-york-state-liquor-authority-nyappdiv-1986.

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