New York Court of Appeals, 1981

Harari Restaurant Corp. v. McLaughlin

Harari Restaurant Corp. v. McLaughlin
New York Court of Appeals · Decided November 24, 1981
55 N.Y.2d 730; 431 N.E.2d 638; 447 N.Y.S.2d 153; 1981 N.Y. LEXIS 3270

Harari Restaurant Corp. v. McLaughlin

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the determination of the State Liquor Authority reinstated. It cannot be said that the penalty imposed was “‘so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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