47 N.Y.S. 561 | N.Y. Sup. Ct. | 1897
There were at the time of the application for the liquor tax certificate 21 buildings ordinarily occupied exclusively for dwellings,- within the 200 feet limit. This leaves out 288 Greene avenue,- which is the entrance to the rear of the building 378 Classon avenue, mainly used as a grocery store. It includes 386 Classon avenue, which' is a boarding-house. Two of said dwellings, viz.) 401 and 370 Classon avenue, were vacant at the time of such application. The tenant of 303 Greene avenue is a dressmaker by trade, and does more or less sewing in the house, but has no sign out. This does not make it partly used for business. A mechanic may do work in his dwelling for others without making it no longer exclusively a dwelling. The statute requires the applicant to get the consent of the owners of “ at least two-thirds ” of the “ building or buildings occupied exclusively for a dwelling ” within the 200 feet limit. I construe this to include buildings constructed and meant, for such exclusive occupation as dwellings. In the case of a new street or block of dwellings not yet let, I do not think the owners of such dwellings may be ignored by an applicant for a liquor tax certificate. That might enable such a certificate to be obtained without any such consent. I therefore include the vacant dwellings.
The applicant obtained the consent of the owners of 13 of the said 21 dwellings, and thus falls short of two-thirds. The grocery store building has to be omitted.
Application granted.