PEOPLE THEATRES OF NY v. CNY

121197/02, 121080/02, 12158

131 A.D.3d 279 (2015)

14 N.Y.S.3d 338

2015 NY Slip Op 06200

FOR THE PEOPLE THEATRES OF N.Y., INC., Doing Business as FAIR THEATRE, Plaintiff, and JGJ MERCHANDISE CORP., Doing Business as VISHANS VIDEO, Also Known as MIXED EMOTIONS, Respondent, v. CITY OF NEW YORK et al., Appellants. TEN'S CABARET, INC., Formerly Known as STRINGFELLOW'S OF NEW YORK, LTD., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided July 21, 2015.


Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Elizabeth S. Natrella , Leonard Koerner , Robin Binder and Sheryl Neufeld of counsel), for appellants.

Fahringer & Dubno, New York City ( Herald Price Fahringer , Erica T. Dubno and Nicole Neckles of counsel), for JGJ Merchandise Corp., respondent.

Zane and Rudofsky, New York City ( Edward S. Rudofsky of counsel), and Mehler & Buscemi, New York City ( Martin P. Mehler of counsel), for Ten's Cabaret Ltd. and others, respondents.

MAZZARELLI, J.P., and FEINMAN, J., concur with KAPNICK, J.; ANDRIAS and DEGRASSE, JJ., dissent in an opinion by ANDRIAS, J.


OPINION OF THE COURT

Before this Court is the third consolidated appeal in two matters that were commenced in or about September 2002. These matters, which were previously addressed in For the People Theatres of N.Y. Inc. v City of New York (84 A.D.3d...

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