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TOUMANOFF v. O'CONNELL

304 N.Y. 891 (1953)

In the Matter of Zoe C. Toumanoff, Respondent, v. John F. O'Connell et al., Constituting The State Liquor Authority, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 15, 1953

Attorney(s) appearing for the Case

Alvin McKinley Sylvester and Lucille C. Bunzl for appellants.

Harry Kalman and Milton A. Morrison for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.

Orders reversed, with costs in all courts, and determination of State Liquor Authority reinstated. Petitioner's premises are within 200 feet of a church and school, and it was not clearly shown that said premises had been maintained as a bona fide club or restaurant on or prior to December 5, 1933. (See Alcoholic Beverage Control Law, § 64, subd. 7...

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