Appellate Division of the Supreme Court of New York, 1963

People v. Tourists International, S. A.

Appellate Division of the Supreme Court of New York · Decided December 12, 1963

20 A.D.2d 41; 245 N.Y.S.2d 297; 1963 N.Y. App. Div. LEXIS 2716

Counsel

Samuel A. Hirshowitz of counsel (Mark T. Walsh with him on the brief; Louis J. Lefkowitz, Attorney-General, attorney), for appellant., William M. Ivler of counsel (Galef & Jacobs, attorneys), for respondents.

Opinion of the Court

Order and judgment dismissing the complaint, unanimously reversed, on the law, with costs to plaintiff-appellant, and the motion therefor denied. The action is for an injunction restraining the defendants from selling, soliciting orders for, transporting and carrying into the State of New York alcoholic beverages in violation of the Alcoholic Beverage Control Laiv. For the reasons set forth in Essenfeld Bros., Inc. v. Hostetter (20 A D 2d 34), decided herewith, the complaint states a cause of action.

Rabin J. P., McNally and Steuer JJ., concur in decision; Stevens and Eager, JJ., concur in result.

Order and judgment dismissing the complaint, unanimously reversed, etc.

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