Wire, Inc. v. Bruckman

253 A.D. 350, 2 N.Y.S.2d 215, 1938 N.Y. App. Div. LEXIS 8440
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 18, 1938
StatusPublished
Cited by7 cases

This text of 253 A.D. 350 (Wire, Inc. v. Bruckman) 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
Wire, Inc. v. Bruckman, 253 A.D. 350, 2 N.Y.S.2d 215, 1938 N.Y. App. Div. LEXIS 8440 (N.Y. Ct. App. 1938).

Opinion

Per Curiam.

The petitioner, who is not a licensee, has no standing to maintain this proceeding enjoining action that might be taken against parties who are licensees. Furthermore, the State Liquor Authority has jurisdiction under the Alcoholic Beverage Control Law to entertain proceedings against licensees. Since it has such jurisdiction, the order should not have been granted even if it be assumed that the jurisdiction would be erroneously exercised. [351]*351For such error, if error it be, a licensee might, in a proper case, seek relief by certiorari.

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied.

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Bluebook (online)
253 A.D. 350, 2 N.Y.S.2d 215, 1938 N.Y. App. Div. LEXIS 8440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wire-inc-v-bruckman-nyappdiv-1938.