SWARTZ V. WAR MEMORIAL COMMISSION OF ROCHESTER
25 A.D.2d 90 (N.Y. 1966)
NATURE OF THE CASE: This was an action for declaratory relief.
FACTS: Swartz (P) made a deal to be the exclusive concessionaire for food and
refreshments at the Rochester War Memorial Building with the War Memorial Commission (D). A
clause in the contract prohibited the sale of liquor, but if that clause was stricken, those
exclusive rights would go to P (P was obligated to get all the required licenses). D lifted
its prohibition on beer, and P refused to obtain a license for its sale. D notified P that
if he did not make the application to get the license, the contract would be cancelled. P
brought an action for declaratory relief. P appealed the dismissal of his action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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