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MATTER OF PALLADIUM ENTERS., INC. v. NEW YORK STATE LIQUOR AUTH.

10 A.D.2d 568 (1960)

In the Matter of Palladium Enterprises, Inc., Petitioner, v. New York State Liquor Authority, Respondent

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

January 26, 1960

Determination of the New York State Liquor Authority is unanimously annulled on the law and the suspension order is vacated, without costs.

There was no substantial evidence of a violation of subdivision 1 of section 65 of the Alcoholic Beverage Control Law. Under the admittedly crowded conditions at the premises, the proof of the alleged sale or delivery to a minor and the proof of the contents of the glass as an alcoholic beverage were too speculative to sustain...

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