MATTER OF DU BARRY CATERERS v. BERKERY


278 A.D. 376 (1951)

In the Matter of Du Barry Caterers, Inc., Petitioner, v. Thomas F. Berkery, Deputy Chief Inspector, Police Department, City of New York, et al., Respondents

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

June 20, 1951.


Attorney(s) appearing for the Case

Monroe N. Kreisberg of counsel (Jacob P. Lefkowitz with him on the brief; Harry A. Roth, attorney), for petitioner.

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel, attorney), for respondent.

PECK, P. J., VAN VOORHIS and SHIENTAG, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to confirm determination in opinion in which HEFFERNAN, J., concurs.


Per Curiam.

Petitioner has, for eleven years, operated a catering business for weddings, dances, and organization functions. In connection with such activities, it leases meeting rooms to social, civic, fraternal and religious groups.

A subordinate lodge of a responsible national fraternity organization had contracted with petitioner to lease the upper floor of petitioner's premises on the first and third Mondays...

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