MATTER OF SAGOS v. O'CONNELL


276 A.D. 157 (1949)

In the Matter of Angelo Sagos, Petitioner, v. John F. O'Connell et al., Constituting The State Liquor Authority, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1949.


Attorney(s) appearing for the Case

Clarence Siegel of counsel (George S. Goldberg, attorney), for petitioner.

Jack Reinstein of counsel (Alvin McKinley Sylvester, attorney), for respondents.

PECK, P. J., GLENNON, DORE, COHN and CALLAHAN, JJ., concur.


Per Curiam.

The record establishes that a keg of beer was attached by a brewery driver, not an employee of the licensee, to the tap of a different brand and that beer was sold to respondents' investigators from an improperly labelled beer tap in violation of subdivision 4-a of section 106 of the Alcoholic Beverage Control Law. Without any evidence whatever to the contrary, it was also shown that the keg of beer was so attached inadvertently and unintentionally...

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