MATTER OF LYDIA'S BAR GRILL v. N.Y. ST. LIQ. AUTH., 40 N.Y.2d 968 (1976)

359 N.E.2d 428, 390 N.Y.S.2d 920

In the Matter of LYDIA’S BAR GRILL, INC., Respondent, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant.

Court of Appeals of the State of New York.Argued October 22, 1976
Decided November 23, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HARRY B. FRANK, J.

Page 969

Martin P. Mehler and Alan J. Gardner for appellant.

Abraham Schatzman for respondent.

Order reversed, with costs, and the judgment of Supreme Court, New York County, reinstated for the reasons stated at Special Term by former Justice HARRY B. FRANK. Question certified answered in the negative.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.