55 N.Y.S. 421 | N.Y. Sup. Ct. | 1898
This application is made for the revocation of the liquor tax certificate issued to George Van Ausdall, Jr., by the county treasurer of Suffolk county, on the ground that the application for said certificate contained a false representation as to the truth of a fact upon which depended the right of the applicant to receive said certificate. The application states that there are two buildings occupied exclusively as dwellings, the nearest entrance
The owner of land is commonly understood to be the person who has the legal title thereto, and not one who, for the time being, has simply the right of possession. I think, if the legislature had intended a meaning of the term “ owner ” different from the ordinarily accepted meaning thereof, apt words would have been used to denote the qualification of such meaning. Buildings are occupied in a great number, if not in a majority of cases, by lessees thereof having the exclusive right of possession for a fixed term. If it were intended that lessees could give the consents in question, I think the legislature would have specifically so stated.
The law also provides that there shall be filed with the application for the certificate a consent in writing that such traffic shall be carried on, on the premises for which the certificate is applied, executed by the owner of the premises or by his duly authorized agent. In this case the consent was executed by Gustav Koerner, who held the legal title to the premises where the traffic, in liquors was to be carried on. If the lessee could execute such consent, Mr. Van Ausdall, who was the lessee, would not require the consent of Mr. Koerner, the holder of the legal title. I think the word “ owner ” has the same meaning where the law refers to the owner on whose premises the traffic is to be carried on, and the owner of the buildings within 200 feet thereof, and that’ such is one owner who has the legal title thereto.
In certain cases, the person holding the legal title could subject his tenant without the tenant’s consent to the annoyance of an
Application granted, without costs.