Home/New York Court of Appeals/L.B.R. Enterprises, Inc. v. New York State Liquor Authority

L.B.R. Enterprises, Inc. v. New York State Liquor Authority

421 N.E.2d 823, 53 N.Y.2d 714, 439 N.Y.S.2d 331, 1981 N.Y. LEXIS 2357
CourtNew York Court of Appeals
DecidedApril 2, 1981
StatusPublished
Cited by2 cases

This text of 421 N.E.2d 823 (L.B.R. Enterprises, Inc. v. New York 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.

Bluebook
L.B.R. Enterprises, Inc. v. New York State Liquor Authority, 421 N.E.2d 823, 53 N.Y.2d 714, 439 N.Y.S.2d 331, 1981 N.Y. LEXIS 2357 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum:.

The judgment of the Appellate Division should be reversed and the determination of the State Liquor Authority-annulled.

It is now settled that a liquor licensee does not suffer or permit the licensed premises to become disorderly (Alcoholic Beverage Control Law, § 106, subd 6) simply by using force to eject an unruly patron (see Matter of Barchat Tavern v Liquor Auth. of State of N. Y., 50 NY2d 1019, 1020). Rather, a violation occurs only if unnecessary force is employed or other improper conduct occurs (id.). Thus, the finding of the Liquor Authority in this case that force was used, without more, is insufficient to sustain a violation.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Judgment reversed, with costs and the determination of the State Liquor Authority annulled in a memorandum.

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Related

Doherty's New Dorp Tavern v. New York State Liquor Authority
434 N.E.2d 709 (New York Court of Appeals, 1982)
Doherty's New Dorp Tavern v. New York State Liquor Authority
82 A.D.2d 858 (Appellate Division of the Supreme Court of New York, 1981)

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Bluebook (online)
421 N.E.2d 823, 53 N.Y.2d 714, 439 N.Y.S.2d 331, 1981 N.Y. LEXIS 2357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lbr-enterprises-inc-v-new-york-state-liquor-authority-ny-1981.