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PLAYBOY CLUB, N. Y. v. HOSTETTER

40 Misc.2d 449 (1963)

Playboy Club of New York, Inc., Plaintiff, v. Donald S. Hostetter et al., Constituting the State Liquor Authority, Defendants.

Supreme Court, Special and Trial Term, New York County.

June 20, 1963

Attorney(s) appearing for the Case

Milton Pollack and Samuel N. Greenspoon for plaintiff. Lo Frisco, Kousi & McCabe (Anthony F. Lo Frisco, Donald G. McCabe and John D. Kousi of counsel), for Joseph D. Onofrio, petitioner. Hyman Amsel and Bartholomew A. Moynahan for defendants.

ABRAHAM J. GELLINOFF, J.

This is an action for a declaratory judgment and incidental relief thereto, brought by Playboy Club of New York, Inc., against the State Liquor Authority and its members. The action was tried before this court; findings of fact and conclusions of law were waived; and the following is the decision of the court.

The complaint alleges that since December 9, 1962 plaintiff has been...

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