Lynch's Builders Restaurant, Inc. v. O'Connell
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- One Eleven Wines & Liquors, Inc. v. Division of Alcoholic Beverage Control (N.J. 1967)
- Harry Warren and Stephen Nanna v. Edward Byrne and John Guldi (2d Cir. 1983)
- Quan v. Washington State Liquor Control Board (Wash. 1966)
- Reed v. State of New York (N.Y. 1991)
- L. A. Grant Realty, Inc. v. Cuomo (Appellate Division of the Supreme Court of New York 1977)
- Beal Properties, Inc. v. State Liquor Authority (N.Y. 1975)
- Crosson v. Golar (Appellate Division of the Supreme Court of New York 1974)
- Sheraton-Binghamton Corp. v. New York State Liquor Authority (Appellate Division of the Supreme Court of New York 1972)
- Gam Wah Restaurant, Inc. v. Ring (New York Supreme Court 1971)
- Emerman v. Nathan (Appellate Division of the Supreme Court of New York 1970)
- Playboy Club v. State Liquor Authority (N.Y. 1969)
- Strizak v. Board of Regents of University (Appellate Division of the Supreme Court of New York 1968)
- Russell v. Stewart (Appellate Division of the Supreme Court of New York 1968)
- Nash v. Stewart (Appellate Division of the Supreme Court of New York 1968)
- K. P. S. Restaurant Corp. v. State of New York Liquor Authority (Appellate Division of the Supreme Court of New York 1966)
- People v. Bart's Restaurant Corp. (Criminal Court of the City of New York 1964)
- Gilmer v. Hostetter (Appellate Division of the Supreme Court of New York 1963)
- Rivera v. Rosetti (Civil Court of the City of New York 1963)
- Conservative Grouping Corp. v. Epstein (N.Y. 1961)
- Beverly Lanes, Inc. v. Rohan (Appellate Division of the Supreme Court of New York 1961)
- Phinn v. Kross (Appellate Division of the Supreme Court of New York 1959)
- Swan Restaurant, Inc. v. New York State Liquor Authority (New York Supreme Court 1959)
- People v. De Groat (Appellate Division of the Supreme Court of New York 1958)
- Maniccia v. State Liquor Authority (Appellate Division of the Supreme Court of New York 1957)
- Jones v. Adams (Appellate Division of the Supreme Court of New York 1956)
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
In a proceeding brought under article 78 of the Civil Practice Act to review a determination of an administrative agency, it is sufficient that the record contain “ substantial evidence ” to support it. (See, e.g., Matter of Humphrey v. State Ins. Fund, 298 N. Y. 327, 331-332; Matter of Miller v. Kling, 291 N. Y. 65, 69.) In the case before us, ample proof was adduced before the State Liquor Authority — and it was not rendered less effective or less probative because the criminal charge based upon some of it had been dismissed in a magistrate’s court (see Matter of Cohen v. Board of Regents, 299 N. Y. 582, affg. 274 App. Div. 952; Schindler v. Royal Ins. Co., 258 N. Y. 310, 312-313; Matter of Garvey v. O’Connell, 271 App. Div. 766) —to warrant the Authority (1) in finding that the licensee actually knew or should have known, had reasonable diligence been exercised, that homosexual activities were being carried on in its premises, and (2) in concluding that such licensee had suffered or permitted the premises to become “ disorderly ” in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law. (See Matter of Avon Bar & Grill v. O’Connell, 301 N. Y. 150, 153.)
The order of the Appellate Division should be reversed and the determination of the State Liquor Authority confirmed, with costs in this court and in the Appellate Division.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.