updated 9/14/2004 4:32:38 PM ET 2004-09-14T20:32:38

A man arrested in an upstate New York restaurant for not tipping enough is off the hook.

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Local prosecutors said they would not charge the man, Humberto Taveras, 41, of Long Island,  for not leaving a big enough tip at Soprano’s Italian and American Grill in Lake George.

Taveras was arrested Labor Day weekend when the restaurant owner accused him of not leaving an 18 percent gratuity required for large parties.

Taveras said he was not aware of the policy and would not have left that much money anyway because he was not happy with the service.

The Warren County District Attorney’s Office said a restaurant patron could not be forced to leave a gratuity. Prosecutors said establishments had to call it a service charge, not a tip, in order to make it a mandatory add-on charge.

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