Summary
In Austin Lemontree, the Appellate Division concluded that the minor's presence just three feet away from the bar where four or five bartenders were working at the time the drink was purchased for, and given to the minor, was sufficient to support the conclusion that the petitioner's illegal conduct was open, observable and capable of prevention through the exercise of reasonable diligence (see, 147 A.D.2d, at 477).
Summary of this case from S & R Lake Lounge, Inc. v. New York State Liquor AuthorityOpinion
Decided October 17, 1989
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Richard J. Oddo for appellant.
Sharon L. Tillman and Roberta L. Hiller for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 147 A.D.2d 476).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.