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  5. 33 N.Y.2d 580 (1973)
 

MATTER OF VANCOUVER DRIVE REST., INC. v. BD. OF TRS. OF THE VILL. OF MASSEPEQUA PARK

33 N.Y.2d 580 (1973)

In the Matter of Vancouver Drive Restaurant, Inc., Appellant, v. Board of Trustees of the Village of Massepequa Park, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1973.

Attorney(s) appearing for the Case

Richard P. Broder for appellant.

William J. Ryan and Murray Pudalov for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.

MEMORANDUM.

The order of the Appellate Division must be modified. The determination in that court was predicated solely on the disposition of a prior application for a cabaret license with reference to the same premises. Such reliance was not justified, however, since the prior application was by a former owner, unrelated to the present applicant, and sought a cabaret license under conditions and on terms significantly different...

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