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NEW YORK STATE RESTAURANT ASS'N v. NEW YORK CITY DEPT. OF HEALTH AND MENTAL HYGIENE

No. 03 CV 2864 JG RML.

303 F.Supp.2d 265 (2004)

The NEW YORK STATE RESTAURANT ASSOCIATION, et al., Plaintiffs, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al., Defendants.

United States District Court, E.D. New York.

January 12, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel of the City of New York by Deborah Rand, Esq., New York City, for Plaintiffs.

Thacher Proffitt & Wood LLP by Robert Hermann, Esq., Doreen Klein, Esq., White Plains, NY, for Defendants.

MEMORANDUM AND ORDER

LEVY, United States Magistrate Judge.

Defendants move to dismiss plaintiffs' amended complaint pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a cause of action. This motion is before me on consent of the parties, pursuant to 28 U.S.C. § 636. For the reasons stated below, defendants' motion is granted.

BACKGROUND AND FACTS

Plaintiff New York State Restaurant Association ("NYSRA") is a "statewide...

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