Mario Nicosia & Another v. Burn, LLC, & Others

Summary

The court held that the lease provision prohibiting Burn from pledging its liquor license as collateral was enforceable because it neither violated the governing licensing statute nor public policy. It affirmed the judgment imposing liability under the consumer-protection statute and awarding attorney's fees and costs, but reversed the conversion judgment because the plaintiffs lacked possession or an immediate right to possession of the license. The court also held that the evidence supported a finding that the defendants knowingly and willfully engaged in deceptive conduct by falsely representing to regulators that the pledge did not violate any agreement.