The proceeding was submitted to the trial court on a stipulation of facts agreed to by the parties. The petitioner operates a restaurant and bar business at Whitestone, Queens, and in May, 1956 there was issued for said premises a certificate of occupancy which permitted the use of the cellar for a cabaret (one piano and two string instruments), and the first floor for a restaurant, catering and cabaret (one piano and two string instruments). It is conceded that petitioner...
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