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HOUSE OF SPIRITS v. DOYLE

72 Misc.2d 1036 (1972)

House of Spirits, Inc., Plaintiff, v. Robert E. Doyle et al., Constituting the State Liquor Authority, et al., Defendants, and Metropolitan Package Store Association, Inc., Intervenor-Defendant.

Supreme Court, Special Term, Albany County.

August 18, 1972

Attorney(s) appearing for the Case

Howard & Blau (Seymour Howard of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Grace K. Banoff of counsel), for defendants. Gainsburg, Gottlieb, Levitan & Cole (Samuel Gottlieb and Alan Krieger of counsel), for intervenor-defendant.

HAROLD J. HUGHES, J.

This is a motion for summary judgment in an action in which plaintiff, a retailer licensed to sell alcoholic beverages for off-premises consumption, seeks judgment declaring chapter 191 of the Laws of 1971 unconstitutional and enjoining its enforcement. Defendants have cross-moved for summary judgment upholding the statute.

The statute, subdivision 2 of section 101-bb of the Alcoholic...

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