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1234 BROADWAY v. WEST SIDE

116414/09, 4624N.

86 A.D.3d 18 (2011)

924 N.Y.S.2d 35

2011 NY Slip Op 3980

1234 BROADWAY LLC, Appellant, v. WEST SIDE SRO LAW PROJECT, GODDARD RIVERSIDE COMMUNITY CENTER, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 12, 2011.

Attorney(s) appearing for the Case

Law Office of Santo Golino, New York City ( Santo Golino and Hollis B. Vandamme of counsel), for appellant.

West Side SRO Law Project, New York City ( Martha A. Weithman of counsel), for respondent.

GONZALEZ, P.J., CATTERSON, RICHTER and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

ROMÁN, J.

In this appeal, we address the limits of the right to assemble conferred by Real Property Law § 230 (2) and determine whether the right to assemble prescribed by statute is limited by relevant provisions of the New York City Building Code (Administrative Code of City of NY § 27-101 et seq.) and Fire Code (Administrative Code § 29-101 et seq.).

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