New York Court of Appeals

Rob Tess Restaurant Corp., Respondent v. New York State Liquor Authority, Appellant

March 25, 198049 N.Y.2d 874

Summary

The Court of Appeals modified the Appellate Division's judgment, striking the cancellation penalty as disproportionate and remanding the case for the Liquor Authority to impose an appropriate penalty other than cancellation; the dissent argued the court should set the maximum penalty itself rather than remand.