MATTER OF L.B.R. ENTERS., INC. v. NEW YORK STATE LIQUOR AUTH.


53 N.Y.2d 714 (1981)

In the Matter of L.B.R. Enterprises, Inc., Doing Business as Tuey's, Appellant, v. New York State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided April 2, 1981.


Attorney(s) appearing for the Case

John P. Bracken and Bryan E. Powers for appellant.

Stephen D. Kalinsky and Warren B. Pesetsky for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


MEMORANDUM.

The judgment of the Appellate Division should be reversed and the determination of the State Liquor Authority annulled.

It is now settled that a liquor licensee does not suffer or permit the licensed premises to become disorderly (Alcoholic Beverage Control Law, § 106, subd 6) simply by using force to eject an unruly patron (see Matter of Barchat Tavern v Liquor Auth. of State of N. Y.,

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