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MTR. OF SWALBACH v. STATE LIQ. AUTH.

7 N.Y.2d 518 (1960)

In the Matter of George A. Swalbach, Appellant, v. State Liquor Authority of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 1, 1960.

Attorney(s) appearing for the Case

Bruce E. Hansen for appellant.

Emanuel D. Black and Hyman Amsel for respondent.

Judges FROESSEL, VAN VOORHIS and FOSTER concur with Judge FULD; Judge BURKE dissents in an opinion in which Chief Judge DESMOND and Judge DYE concur.

FULD, J.

The petitioner was licensed in 1942 to sell liquor for off-premises consumption and for 15 years thereafter conducted his business in Rochester. In 1957, he was compelled to vacate his store when the building in which it was located was taken by the State in connection with the construction of a highway. Several months before, in May of 1957, in anticipation of his forced removal, he had applied to the...

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