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177 CHRISTIE, INC. v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK

4866, 109536/08.

83 A.D.3d 561 (2011)

921 N.Y.S.2d 245

177 CHRISTIE, INC., on Behalf of Itself and All Others Similarly Situated, et al., Appellants, v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2011.

Given that petitioners provided no reason why the doors to their respective establishments were open while music played inside, ECB's conclusion that the reason was to entice others to patronize the eateries had a rational basis (cf. Matter of GH Ville v New York City Envtl. Control Bd., 194 Misc.2d 503 [2002]). Since the music played was for advertising purposes, drew potential customers to a specific establishment, and was...

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