MTR. OF FRIGATE v. INC. VIL. OF MAS. PK.


76 Misc.2d 695 (1973)

In the Matter of Solomon Grundy's Frigate, Ltd., Petitioner, v. Incorporated Village of Massapequa Park et al., Respondents.

Supreme Court, Special Term, Nassau County.

September 24, 1973


Attorney(s) appearing for the Case

Jaspan & Kaplan for petitioner. William J. Ryan for respondents.


MARIO PITTONI, J.

Petitioner, a cabaret licensee, sues under article 78 of CPLR to have the restriction imposed on petitioner by respondent village declared void and in excess of the rights and powers granted to the village by its own code, and to direct the village to grant petitioner a license without restriction as to the number of nights for its use.

The village has granted petitioner a cabaret license pursuant to chapter 4, article V, of...

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