Town of Brookhaven v. FPD Tavern Corp.

In an action for a permanent injunction prohibiting the defendants from operating an adult entertainment establishment as defined by the Code of the Town of Brookhaven, Chapter 85, § 85-1B, the defendants appeal from so much of a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated June 30, 1994, as granted the plaintiff’s motion for summary judgment.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In 1978, the defendants Frank and Pamela Dotzel purchased a bar, known as the Quarterpost, in the Town of Brookhaven, which had been operating as an adult…