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CHIASSON v. CONSUMER AFFAIRS

138 Misc.2d 394 (1988)

Warren Chiasson et al., Plaintiffs, v. New York City Department of Consumer Affairs et al., Defendants.

Supreme Court, New York County.

January 28, 1988

Attorney(s) appearing for the Case

Paul G. Chevigny, Jeffrey Cylkowski, Robert Campbell and Claudia Angelos for plaintiffs. Peter L. Zimroth, Corporation Counsel (Gabriel Taussig, Albert G. Fredericks and David A. Silva of counsel), for defendants.

DAVID B. SAXE, J.

Is the three-musician limitation contained in the incidental music exception to the New York City Cabaret Law (Administrative Code of City of New York § 20-359 [3]) sustainable as a matter of constitutional law? The plaintiffs cross-move for a declaratory judgment to the effect that the limitation is unconstitutional; the defendants move for summary judgment dismissing the complaint...

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