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MATTER OF BROADWAY BARBEQUE CORPORATION v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE

2016-02752 Index No. 12658/14.

160 A.D.3d 719 (2018)

71 N.Y.S.3d 380

2018 NY Slip Op 02458

In the Matter of Broadway Barbeque Corporation et al., Appellants, v. New York City Department of Health and Mental Hygiene et al., Respondents.

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

Decided April 11, 2018.

Ordered that the order and judgment is affirmed, with costs.

In March 2010, the respondent/defendant New York City Board of Health adopted section 81.51 of the New York City Health Code (24 RCNY), which authorizes the grading of inspection results for certain food service establishments and the posting of those grades (see NY City Health Code [24 RCNY] § 81.51). This grading system was implemented in July 2010...

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