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EPSTEIN v. STATE TAX COMMN.

132 A.D.2d 52 (1987)

In the Matter of Michael Epstein et al., Doing Business as My Father's Place, Petitioners, v. New York State Tax Commission, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 3, 1987

Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, P. C. (Joseph Sferrazza and Edward A. Christensen of counsel), for petitioners.

Robert Abrams, Attorney-General (Francis V. Dow and Wayne L. Benjamin of counsel), for respondent.

MAIN, J. P., CASEY, MIKOLL and HARVEY, JJ., concur.

YESAWICH, JR., J.

Petitioners, Bryan and Rose, Inc. and its president, Michael Epstein, operated an establishment called My Father's Place in Nassau County. My Father's Place presented live musical concerts, and occasionally comedians, dancers or one-act plays, in a converted bowling alley where patrons were seated at long tables or the bar, and food and beverage were available. Approximately one half of the...

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