Supreme Court Justice Victor Grossman dismissed the lawsuit filed by 13th Step LLC, d/b/a Daryl's House against the Town of Pawling, David Kelly (town supervisor), and Maxwell Real Estate Holdings, LLC (landlord).

The suit contended that the Town of Pawling had taken actions to reduce the number of patrons that could gather at the live music venue and the plaintiffs sought to prohibit the town from doing so.

The original Certificate of Occupancy provided for 175 seated patrons or 318 standees during performances. The suit alleges that the town arbitrarily reduced the allowable number of people that could occupy the facility.

In their defense, the town repeatedly asserted that Daryl's House had not begun the permitting process and the judge agreed.

Grossman said in his decision that the music venue failed to provide the court with competent evidence to support its claims.

When reached, Pawling Town Supervisor David Kelly was unable to comment because he had not had a chance to review the decision.

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