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Restaurants Win Supreme Court Lawsuit; 91 Establishments Can Re-Open Immediately

The Bills aren’t the only ones celebrating victory in Buffalo. Judge Henry Nowak issued a temporary restraining order (TRO) today to the 91 restaurants that sued New York State and Governor Cuomo.

The TRO, gives the 91 establishments the ability to re-open for indoor dining immediately. The restaurants can re-open under the previous yellow zone restrictions.

Although it’s a victory for the restaurant industry, the decision affects only those 91 establishments that sued. Additionally however, it sets precedence for others to sue and get the same outcome, or to be amended into this case and decision.

Other restaurants interested in doing so can contact the attorneys for the restaurants, HoganWillig, out of Amherst.

This ruling follows suit with many other business wins lately including Lazertron, Athletes Unleashed, Zoom Tan, Pharaoh’s amongst others.

The original establishments in the suit (list not updated since it increased to 91) are:

-AMHERST PIZZA & ALE HOUSE, INC., (AMHERST PIZZA & ALE HOUSE)
-BOTTOMS UP V, LLC d/b/a BOTTOMS UP,
-CAMPFIRE GRILL II, INC,
-DA BADA, INC. d/b/a BADA BING BAR AND GRILL,
-DDF RESTAURANTS, INC. d/b/a 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 THE 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/s NEAT,
-OVERPASS PUB, LLC d/b/a OVERPASS PUB,
-PHAROHS GC, INC., (PHAROAH’S GENTLEMAN’S CLUB)
-RAPHAEL’S CORP. d/b/a RAPHAEL’S,
-SANTORA’S PHASE II, LLC,
-SANTORA’S PIZZA PUB AND GRILL, INC., (SANTORO’S PIZZA PUB & GRILL)
-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 and
TETON KITCHEN ELMWOOD,

-THE DEFIELDS CORPORATION d/b/a
THE 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, (99 BRICK OVEN)
-5786 TRANSIT RD, INC. d/b/a FIELDSTONE COUNTRY INN, and
-8444 TRANSIT RD, LLC d/b/a TAVERN AT WINDSOR PARK,

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