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Bars Lose Court Case; Judge Keeps Curfew At 11pm Due To New Law

JUST IN- Bars and restaurants already struggling have been dealt another loss. Supreme Court Justice Timothy J. Walker issued the ruling this afternoon.

Cuomo’s ‘loss of powers’ by the state lawmakers, didn’t help businesses. If anything, it allowed his orders to stay in place even longer.

“The former executive law has been repealed, meaning the petition challenges a law that no longer exists,” according to ruling by Justice Walker.

The lawsuit according to the judge, was based on a previous law. Although the curfew is still in place, the law changed when Cuomo’s powers changed.

“Accordingly, the petition has been mooted, because the restaurant/bar petitioners’ ability to operate will not be affected by any view this court might express on the merits of the constitutionality of the state’s response to the pandemic under the former executive law,” Walker stated.

The establishments had won restraining orders in the past only to be appealed by the state, resulting in them having to close at 11pm. Cuomo has granted that extension til midnight as of Monday night.

The bars were represented by Hogan & Willig and Co-Counsiled with Paul Cambria and Todd Aldinger, attorneys from Lipsitz, Green, Scime & Cambria.

Read more in depth about the ruling here, from The Buffalo News.

The 94 establishments on the suit are:  

-A.C.+ J RESTAURANT, INC. d/b/a THE PEPPERMILL RESTAURANT,
ALFIERI DUQUIN, INC.,
AMHERST PIZZA & ALE HOUSE, INC.,
BANCHETTI BY RIZZOS, INC., d/b/a BANCHETTI BY RIZZO’S,
BILL SHAFLUCAS, LLC, d/b/a BREW BUS BUFFALO and DJ TRIVIA OF WNY,
BOTTOMS UP V, LLC d/b/a BOTTOMS UP,
BUFFALO’S BEST CATERING, LLC,
BUFFALO GRILL N ALE HOUSE, LLC d/b/a, BUFFALO GRILL N ALE HOUSE,
BVPK, INC.,
CAMPFIRE GRILL II, INC,
CARJONS RESTAURANT GROUP, INC. d/b/a SHARE
KITCHEN + BAR ROOM,
CHICK’S RESTAURANT AND LANES, INC.,
COWBOY OF CHIPPEWA, INC., d/b/a THE COWBOY
COLONIE LOUNGE, INC. d/b/a COLONIE LOUNGE,
CRITCHEN, LLC, d/b/a THE CRITCHEN,
DA BADA, INC. d/b/a BADABING BAR AND GRILL,
DADDY GOO GOO, LLC, d/b/a CASA DI FRANCESCA’S,
DDF RESTAURANTS, INC. d/b/a DUFF’S FAMOUS WINGS,
DON BENOIT d/b/a PRESCOTT’S PROVISIONS,
DVS PROPERTIES, LLC,
D&R KAZ,. INC. d/b/a KAZ’S BAR,
EXPO MARKET, INC.,
GALLERY EVENTS, LLC d/h/a VENU,
GABRIEL’S GATE, INC.,
GERTIES, INC. d/b/a GERTIE’S RESTAURANT,
GREEK TO ME RESTAURANT, LLC, d/b/a GREEK TO ME RESTAURANT,
GYPSY BOHEMIAN GROVE BAR, INC.,
HUTCH & ASSOCIATES, INC., d/b/a HUTCH’S RESTAURANT
ICE HOUSE PUB, LLC, d/b/a ICE HOUSE PUB,
JMB ENTERPRISES OF ERIE, INC. d/b/a MURPH’S WARSAW GRILL,
JOHN DOE CORP.,
KFEATHER5, LLC d/b/a DUFF’S FAMOUS WINGS,
KMT MANAGEMENT, INC, d/b/a BUFFALO BREW PUB,
KELLY’S KORNER, INC.,
KOOKOOVAYIA, LLC, d/b/a DUFFS OF ORCHARD PARK,
LADY BIRDS RESTAURANTS, LLC d/b/a THE BAYOU,
LOCAL BUFFALO, LLC,
LOCAL GRILLE & CATERING, LLC,
LYONS, BIGGANE, INC. d/b/a THE BYRD HOUSE RESTAURANT
MALBEAT INC., d/b/a MALLWITZ’S ISLAND LANE,
MAMBRINO KING WINE-COFFEE BAR, LLC,
MANFURT & TORALTI RESTAURANTS, INC.,
MARY·SANTARINl d/b/a LONDA’S DINER,
MATILDA BIRD,· LLC d/b/a THE GLOBE,
MCCANS, INC. d/b/a MOONEY’S SPORTS BAR & GRILL,
MGPUBLIC, LLC,
MIKEYCA TIE, INC. d/b/a ROOKIES SPORTS BAR
MKC RESTAURANTS, LLC dlb/s NEAT,
MPR RESTAURANTS WNY, lnc. d/b/a SCHNITZEL & CO.,
MUSTANG SALLYS SPIRITS AND GRILL, INC. d/b/a NY SHOWGIRLS,
MY TOMATO PIE, INC.,
OVERPASS PUB, LLC d/b/a OVERPASS PUB,
PHARAOHS GC, INC.,
RADCOL, INC. d/b/a RADIGAN’S,
RAPHAEL’S CORP. d/b/a RAPHAEL’S,
RIZOTTO, INC., d/b/a RIZOTTO ITALIAN EATERY,
RIZZO’S CASA DI ITALIA, INC., d/b/a RIZZO’S CASA DI ITALIA,
RUSSELL M. BRAUN, INC. d/b/a SMOKIN LITTLE DINER
SANTORA ‘S PHASE II, LLC,
SANTORA’S PIZZA PUB AND GRILL, INC.,
SCOTT A. JARGIELLO d/b/a CAMPFIRE GRILL,
SCHWEIS SPRINGER, LLC, d/b/a EBENEZER ALE HOUSE
SHOWNY, LLC d/b/a SCULPTURE HOSPITALITY OF WNY,
SMITH BUDUSON, INC .. d/b/a ROBBIE’S BAR AND GRILL,
SPORTS CITY PIZZA PUB, INC. d/b/a SPORTS CITY PIZZA PUB,
STEEL CITY PUB, INC. d/b/a STEEL CITY PUB,
SUNNY’S DRIVE IN, INC., d/b/a NINA’S CUSTARD,
SUNNY’S DRIVE IN TRANSIT, INC.,
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 CORP. d/b/a
THE FIRE HOUSE SPORTS BAR & GRILL,
THE HOWLING ROOSTER, LLC,
THE ORIGINAL PANCAKE HOUSE OF ORCHARD PARK, INC.,
THE ORIGINAL PANCAKE HOUSE OF WILLIAMSVILLE, INC.,
TRACY STREET PRODUCTIONS, INC.,
WILLIAM JAMES DEVELOPMENT CORP. d/b/a RODNEY’S RESTAURANT
WNY BEER CLUB, LLC d/b/a RUSTY NICKEL BREWING CO.,
WNY RESTAURANT SYSTEM d/b/a DUFF’S FAMOUS WINGS,
30 ENTERTAINMENT, INC., dlb/a MANOR LANES,
23 S. BUFFALO ST., INC. d/b/a THE POUR HOUSE BAR AND GRILL
99 BRICK OVEN BAR AND GRILLE, LLC,
3989 MAIN STREET, INC. d/b/a, BRUNNER’S TAVERN,
5111 GENESEE ST., INC. dfb/a SCORES,
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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