The New York City Consumer Affairs Commissioner is quoted as saying Mr. Fishbein has a shot at winning the suit because restaurants are allowed to add a service charge for parties larger than six if the customer is told in advance--but the surcharge is limited to 15 percent.
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Restaurants can add an automatic 15% surcharge for large parties
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If there are less than six at a table, restaurants are allowed to add a 15% surcharge to the bill.