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ESSENFELD BROS. v. HOSTETTER

20 A.D.2d 34 (1963)

Essenfeld Bros., Inc., et al., Respondents, v. Donald S. Hostetter et al., Constituting The State Liquor Authority of the State of New York, Appellants

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

December 12, 1963.

Attorney(s) appearing for the Case

Samuel A. Hirshowitz of counsel (Mark T. Walsh with him on the brief; Louis J. Lefkowitz, Attorney-General, attorney), for appellants.

William M. Ivler of counsel (Galef & Jacobs, attorneys), for respondents.

RABIN, J. P., and STEUER, J., concur with McNALLY, J.; EAGER, J., dissents in part in opinion; STEVENS, J., concurs in part with EAGER, J., in opinion.

McNALLY, J.

Plaintiffs have been granted summary judgment in this action for a permanent injunction and to declare the rights of the plaintiffs under sections of the Alcoholic Beverage Control Law.

Plaintiffs hold permits for the carrying of alcoholic beverages within the State of New York. Tourists International, Inc., distributes within New York by mail and through travel agencies "order kits" for the...

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