MATTER OF GROSS v. NEW YORK CITY ALCOHOLIC BEVERAGE CONTROL BD.


9 A.D.2d 731 (1959)

In the Matter of Max Gross, Appellant, v. New York City Alcoholic Beverage Control Board et al., Respondents

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

November 4, 1959


Order unanimously reversed on the law, with $20 costs and disbursements to the appellant, the motion to dismiss the petition is denied, with $10 costs, and leave is granted to respondents to serve an answer and affidavits, if so advised, within 20 days after service of the order entered herein, with notice of entry.

Rule 45 of the Rules of the State Liquor Authority does not limit the number of licenses that may be issued in the class involved. Rather than establishing...

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