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Henry v. Bevilacque

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1947
272 App. Div. 769 (N.Y. App. Div. 1947)

Opinion

April 7, 1947.


In an action for a partnership accounting, order denying defendant's motion for summary judgment affirmed, with $10 costs and disbursements. While affirming the holding that a triable issue exists, we state nevertheless that it has been correctly contended that the mere existence of a partnership, or even entire ownership of the business by the plaintiff's intestate, would not make out a cause of action if the business was conducted in violation of the Alcoholic Beverage Control Law. We affirm the order to afford plaintiff an opportunity to establish, if he can, that decedent had enforcible rights in a business not affected by the liquor license in the name of another person. Hagarty, Acting P.J., Johnston and Adel, JJ., concur; Carswell and Nolan, JJ., concur in the result.


Summaries of

Henry v. Bevilacque

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1947
272 App. Div. 769 (N.Y. App. Div. 1947)
Case details for

Henry v. Bevilacque

Case Details

Full title:EDWARD W. HENRY, as Administrator of the Estate of HUBERT R. HENRY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 1947

Citations

272 App. Div. 769 (N.Y. App. Div. 1947)