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MATTER OF ROSS'S DAIRIES, LTD. v. ROHAN

10 A.D.2d 987 (1960)

In the Matter of Ross's Dairies, Ltd., Petitioner, v. Thomas E. Rohan et al., Constituting The State Liquor Authority, Respondents

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

May 23, 1960

Determination confirmed and proceeding dismissed, without costs.

A sale of an alcoholic beverage to a minor who is actually under the age of 18 years constitutes a violation of the statute, regardless of the fact that the minor appeared to be over that age (Matter of Barnett v. O'Connell, 279 App. Div. 449). Nor is it a defense that the minor represented herself to be, or presented purported proof of being, over that age (Matter of Ward v. O'Connell...

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