Hudson Yards Trattoria LLC · 451 W 33rd Street, New York, NY 10001 · NYC County (New York County)
Purpose
This memo identifies the governmental orders that caused full or partial suspension of Hudson Yards Trattoria's indoor-dining operations during the ERC qualifying quarters (2020 Q2–Q4, 2021 Q1). It is intended to support the IRC §3134 / §2301 partial-suspension qualification under Notice 2021-20 §III.D.
NY Executive Order 202.3 — issued 2020-03-16 by Governor Andrew M. Cuomo Effect: Restaurants, bars, food courts directed to close on-premises consumption areas; permitted to provide takeout, delivery, and curbside pickup only. Effective 2020-03-16 at 8:00 PM ET. Source: NYS Executive Chamber, EO 202.3 (full text available at the NYS DOH archive of pandemic executive orders).
NY Executive Order 202.7 — issued 2020-03-19 Effect: Extended 202.3 closure period through 2020-04-19.
NY Executive Order 202.11 — issued 2020-03-27 Effect: Further extended on-premises consumption closure through 2020-04-29; subsequent extensions periodically renewed through Phase 2 reopening of each region.
NY Executive Order 202.45 — issued 2020-07-13 Effect: Maintained NYC at Phase 4 reopening pace; indoor dining specifically NOT included in NYC Phase 4 (which had reopened other regions of state for indoor dining at 50% capacity).
NY Executive Order 202.55 — issued 2020-09-09 Effect: Authorized NYC indoor dining at 25% capacity effective 2020-09-30, with strict protocols (limited party sizes, distancing, time limits).
NY Executive Order 202.61 — issued 2020-10-21 Effect: Modified Cluster Action Initiative zones; portions of NYC subject to "red," "orange," or "yellow" zone designations with stricter dining capacity restrictions. Hudson Yards location not in red/orange zones in this period, remained at 25% per 202.55.
NY Executive Order 202.81 — issued 2020-12-11 Effect: Suspended NYC indoor dining effective 2020-12-14 at 10:00 PM ET, citing hospitalization trends.
NY Executive Order 202.87 — issued 2021-01-11 Effect: Continued NYC indoor-dining suspension; conditions for reopening set against 7-day hospitalization metric.
NY Executive Order 202.92 — issued 2021-02-08 Effect: Authorized NYC indoor dining at 25% capacity effective 2021-02-14.
NY Executive Order 202.95 — issued 2021-03-12 Effect: Authorized NYC indoor dining at 35% capacity effective 2021-03-19, then 50% effective 2021-03-19 (corrected order) — applicable through end of Q1.
"More than Nominal" Test — Per Notice 2021-20 §III.D.5
For partial-suspension qualification, the suspended portion of operations must be "more than nominal" — defined in Notice 2021-20 as having accounted for either (i) ≥10% of gross receipts in the comparable 2019 quarter, OR (ii) ≥10% of total service hours / capacity.
Metric
2019 baseline
Threshold
Met?
Indoor-dining share of total receipts
78.4% (Q2 2019)
≥10%
Yes — far exceeds threshold
Indoor-dining seats / total seats
96 of 96 (100% — no outdoor dining pre-pandemic)
≥10%
Yes
Operator did not have a meaningful outdoor-dining footprint prior to 2020 — the entirety of dining-room operations was indoor. The prohibition on indoor dining therefore eliminated the principal mode of operation. Even with takeout, delivery, and (eventually) sidewalk seating ramping in Q3 2020, the replacement revenue covered <30% of pre-pandemic indoor levels.
Documentary Evidence on File
Copies of all referenced NY Executive Orders (PDF facsimiles from the NYS Executive Chamber archive).
NYC Mayor's office advisories implementing state EOs (used by operator to confirm enforcement scope).
Health Department inspection records confirming operating mode (takeout-only vs limited indoor) for each quarter.
POS-system receipts showing daily revenue mix (dine-in vs takeout) for the qualifying quarters.
Memo prepared March 2026 by Hundredfold for IRS appeal of disallowed 941-X claims.