Town of Babylon v. Conte

Plaintiff has commenced this action to enjoin the defendants from operating Conte’s East Side Lounge after its cabaret license had been suspended by the Chief Building Inspector, the town’s licensing officer. Defendant counterclaimed for a declaratory judgment declaring certain provisions of the licensing ordinance illegal and unconstitutional. Defendant now moves for summary judgment on its counterclaims.

Defendants are the owners and operators of Conte’s East Side Lounge in Farmingdale, Town of Babylon — an establishment serving food and drinks and providing topless dancing as entertainment.

I…