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ESSENFELD BROS. v. HOSTETTER

14 N.Y.2d 47 (1964)

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

Court of Appeals of the State of New York.

Decided February 27, 1964.

Attorney(s) appearing for the Case

William M. Ivler for appellants.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Mark T. Walsh of counsel), for respondents.

Chief Judge DESMOND and Judges VAN VOORHIS and BURKE concur with Judge FULD; Judge DYE dissents in an opinion in which Judges SCILEPPI and BERGAN concur.

FULD, J.

This is an action brought by Essenfeld Bros. and Railway Express Agency (hereafter designated REA) against the defendants constituting the State Liquor Authority (hereafter referred to interchangeably as defendants or Authority) for a declaratory judgment and an injunction. The complaint alleges, in essence, that the plaintiffs hold permits issued by the Authority...

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