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Restaurants suing NYS land win in court



BUFFALO, NY (WIVB) – New York State Supreme Court Justice Henry Nowak has ruled in favor of the restaurants involved in the lawsuit against the state, allowing them to reopen under New York State’s yellow zone restrictions.

These host and restaurant owners challenged Governor Cuomo, the state liquor authority and the county health department to come up with science and data to justify the restrictions the governor imposed.

Lawyers for the pub owners and the state brought their case before Justice Nowak, last Friday, who has ruled that the close to 90 pub and restaurant owners mentioned in the lawsuit can operate under the yellow zone rules.

The lawsuit was filed on behalf of a handful of hospitality companies in Erie County who challenged Governor Cuomo to come up with the science data to justify his micro-cluster provisions, which they claim violate their constitutional rights as business owners.

Justice Nowak issued a temporary injunction allowing the named companies to open with limited space until 1

0pm, but that is not the final answer.

The state can still move to dismiss part or all of the inn’s petition. A hearing is set for January 19.

You can see the full court decision by clicking here.

Below is a list of restaurants named in the available court document:

  • Amherst Pizza & Ale House, Inc.
  • Bottoms Up V, LLC D / b / a Bottoms Up
  • Campfire Grill Ii, Inc.
  • Da Bada, Inc. D / b / a Badabing Bar And Grill
  • Ddf Restaurants, Inc. D / b / a decision
  • Duff’s famous wings
  • Don Benoit D / b / a Prescott’s Provisions
  • DVS Properties, LLC
  • Gallery Events, LLC D / b / a Venu
  • Ice House Pub, LLC, D / b / a Ice House Pub
  • John Doe Corp.
  • Kfeather5, Llc D / b / a Duff’s famous wings
  • Kmt Management, Inc. D / b / a Buffalo Brew Pub
  • Lady Birds Restaurants, LLC D / b / a The Bayou
  • Lyons, Biggane, Inc. D / b / a
  • Byrd House Restaurant
  • Mambrino King Wine Coffee Bar LLC
  • Mary Santarini D / b / a Londa’s Diner
  • Mccans, Inc. D / b / a Mooney’s Sports Bar & Grill
  • Mkc Restaurants, LLC D / b / a nicely
  • Overpass Pub, LLC D / b / a Overpass Pub
  • Pharohs Gc, Inc.
  • Raphaels Corp. D / b / a Raphaels
  • Santoras Phase Ii, LLC
  • Santora’s Pizza Pub And Grill, Inc.
  • Scott A. Jargiello D / b / a Campfire Grill
  • Showny, LLC D / b / a Sculpture Hospitality Of WNY
  • Smith Buduson, Inc. D / b / a Robbie’s Bar And Grill
  • Taco Cocine Ellicott, LLC D / b / a Deep South Taco
  • Taco Cocine Hertel, LLC D / b / a Deep South Taco
  • Tantalus, LLC, D / b / a The Yelling Goat Restaurant
  • Tbf Enterprises, Inc.,
  • Teton Sky Corp. D / b / a Teton Kitchen
  • Teton Kitchen Elmwood
  • Defields Corporation D / b / a
  • Fire House Sports Bar & Grill
  • The Howling Rooster, Llc
  • WNY Beer Club, LLC D / b / a Rusty Nickel Brewing Co.
  • WNY Restaurant System D / b / a Duff’s Famous Wings
  • 99 Brick Oven Bar And Grille, Llc
  • 5786 Transit Rd, Inc. D / b / a Fieldstone Country Inn
  • 8444 Transit Rd, Llc D / b / a Tavern in Windsor Park

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