Appellate Division of the Supreme Court of New York, 1950

265 Dan's 34th Street Bar, Inc. v. O'Connell

265 Dan's 34th Street Bar, Inc. v. O'Connell
Appellate Division of the Supreme Court of New York · Decided November 21, 1950
277 A.D.2d 1030
265 Dan's 34th Street Bar, Inc. v. O'Connell

Opinion of the Court

There was no substantial evidence from which the conclusion could reasonably be reached, that the licensee suffered or permitted gambling on the licensed premises. The case is distinguishable on its facts from Matter of Avon Bar & Grill v. O’Connell (301 N. Y. 150). Determination annulled, with $50 costs and disbursements to the petitioner. Present — Peck, P. J., Glennon, Dore, Yan Voorhis and Shientag, JJ.; Dore, J., dissents and votes to confirm. Settle order on notice.

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