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LANDSDOWN v. CONSUMER AFFAIRS

133 Misc.2d 206 (1986)

In the Matter of Landsdown Entertainment Corporation, Doing Business as The Limelight, Petitioner, v. New York Department of Consumer Affairs et al., Respondents.

Supreme Court, New York County.

September 4, 1986

Attorney(s) appearing for the Case

Fink, Weinberger, Fredman, Berman & Lowell, P. C., for petitioner. Frederick A. O. Schwarz, Jr., Corporation Counsel, for respondents.

DAVID B. SAXE, J.

The issue here is whether the Administrative Code of the City of New York § B32-303.0 (Cabaret Law), prohibiting certain establishments from remaining open between 4:00 A.M. and 8:00 A.M., is preempted by State Law dealing with the sale of liquor (Alcoholic Beverage Control Law § 106 [5] [b]).

The facts are these: The petitioner, "The Limelight" discotheque, was charged by...

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