MTR. OF PLAYBOY CLUB v. O'CONNELL


18 A.D.2d 339 (1963)

In the Matter of The Playboy Club of New York, Inc., Respondent, v. Bernard J. O'Connell, as Commissioner of Licenses of The City of New York, Appellant

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

April 11, 1963.


Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Rose Schneph and John F. Kelly with him on the brief), for appellant.

Stanley H. Lowell of counsel (Howard M. Squadron and Lawrence H. Rogovin with him on the brief; Squadron, Alter & Weinrib and Corcoran, Kostelanetz, Gladstone & Lowell, attorneys), for respondent.

Jacob M. Usadi (Stanley D. Halperin and Louis Perlmutter with him on the brief), attorney for New York Civil Liberties Union, amicus curiæ.

McNALLY and EAGER, JJ., concur with BOTEIN, P. J.; STEVENS, J., dissents and votes to reverse and remand in opinion, in which BREITEL, J., concurs.


BOTEIN, P. J.

The Administrative Code of the City of New York makes it unlawful to operate a cabaret except in premises licensed for the purpose (§ B32-297.0). Respondent, proposing to open a cabaret at 5 East 59th Street in the Borough of Manhattan, applied to the Commissioner of Licenses of the City of New York for a license. After taking testimony upon such application, as authorized in the Commissioner...

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