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ROCHESTER v. PREMISES

180 Misc.2d 17 (1998)

687 N.Y.S.2d 523

City of Rochester, Petitioner, v. Premises Located at 10-12 South Washington Street et al., Respondents.

Supreme Court, Monroe County.

December 17, 1998

Attorney(s) appearing for the Case

Linda S. Kingsley, Corporation Counsel of Rochester (Amy Hartman Nichols of counsel), for petitioner. Harris Beach & Wilcox, Rochester (Michael Masino of counsel), for DHM Enterprises, L. L. C., doing business as The Eclipse, and another, respondents. Ben J. Cassarino, Jr., Rochester, for Erie Professional Building, also known as Erie Professional Partners, respondent.

KENNETH R. FISHER, J.

This action, brought under section 9-21 of the Charter of the City of Rochester (Charter), which authorizes the City to bring an action "to restrain and abate nuisances", seeks a permanent injunction closing down The Eclipse, a "night club" located on South Washington Street between Main and Broad Streets. The petition seeks a declaration that The Eclipse is a public nuisance, and a closure...

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