Italiano v. Liquor Authority
Cases that cite this one
3 later published cases cite this decision.
- La Bamba Bar, Inc. v. New York State Liquor Authority (Appellate Division of the Supreme Court of New York 1988)
- Mean Alice's Inc. v. New York State Liquor Authority (Appellate Division of the Supreme Court of New York 1984)
- Valerio v. Hastings (Appellate Division of the Supreme Court of New York 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Petition unanimously granted and determination annulled, with costs. Memorandum: Petitioner seeks annulment of the suspension of his liquor license by the Liquor Authority of the State of New York. It found that petitioner had violated subdivision b of section 106 of the Alcoholic Beverage Control Law by suffering or permitting the licensed premises to become disorderly. The finding was .based on a single incident which took place while a bartender was in charge during petitioner’s absence. Two liquor authority investigators testified at the hearing that while in the tavern one of them was solicited for immoral purposes by a female patron. There was evidence indicating, and the liquor authority found, that the bartender was aware of the transaction. Subdivision b of section 106 of the Alcoholic Beverage Control Law prohibits a person licensed to sell alcoholic beverages from suffering or permitting the premises to become disbrderly. Sufferance of an activity in this context implies knowledge of the activity. (Matter of Martin v State Liq. Auth., 41 NY2d 78; Matter of Leake v Sarafan, 35 NY2d 83.) There is no evidence that petitioner actually knew of the incident or that he was present. It is well established that a single occurrence is not sufficient
Case-law data current through December 31, 2025. Source: CourtListener bulk data.