GREAT E. LIQ. v. LIQ. AUTH.


25 N.Y.2d 525 (1969)

In the Matter of Great Eastern Liquor Corp., Respondent, v. State Liquor Authority of the State of New York, Appellant. In the Matter of Jacoves Liquors, Inc., Respondent, v. State Liquor Authority of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 11, 1969.


Attorney(s) appearing for the Case

Emanuel D. Black and Samuel Roberts for appellant.

Meyer E. Reich for Great Eastern Liquor Corp., respondent.

Robert Gordon for Jacoves Liquors, Inc., respondent.

Charles S. Desmond for Metropolitan Package Store Association, Inc., amicus curiae.

Chief Judge FULD and Judges BREITEL and GIBSON concur with Judge BERGAN; Judge BURKE dissents and votes to reverse in a separate opinion in which Judges SCILEPPI and JASEN concur.


BERGAN, J.

Whatever may be the reasons of policy leading the Legislature to prescribe the display of price signs and to regulate price advertising of liquor, it seems obvious from a reading of the Alcoholic Beverage Control Law as a whole that the Legislature has not attempted to promote temperance by making alcoholic beverages more expensive to New York consumers.

In the same section of the same statute...

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