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PEOPLE v. HARDY

47 N.Y.2d 500 (1979)

The People of the State of New York, Appellant, v. Clarence Hardy, Eddie Davis, Robert Lawson and Nathaniel Ficklin, Respondents.

Court of Appeals of the State of New York.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Lawrence T. Kurlander, District Attorney (Kenneth R. Fisher of counsel), for appellant.

George G. Roth for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG taking no part.

MEYER, J.

Two issues are raised by the People's appeal. First, is a private club, which is incorporated pursuant to State law as a nonprofit corporation and which sells liquor only to members, exempt from New York liquor license requirements? Second, are private clubs outside the scope of section 44-11A of the Municipal Code of the City of Rochester,* which prohibits maintenance of...

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