MATTER OF CARMELO BAMBACE, INC. v. STATE LIQUOR AUTH.


48 A.D.2d 834 (1975)

In the Matter of Carmelo Bambace, Inc., et al., Petitioners, v. State Liquor Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 2, 1975


Determinations annulled, on the law, with costs. No violation of the above-mentioned statute is made out by petitioners' undisputed participation in the sales incentive program which is the subject matter of this proceeding.

There is no offense under this statute unless the offense is accomplished through the medium of a gift or a service rendered (Matter of Pennsylvania Whiskey Distr. Corp. v Bruckman, 256 App Div 781, affd 282 N.Y. 665). Concededly, no rendition...

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