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FOR THE PEOPLE v. CNY

No. 59.

29 N.Y.3d 340 (2017)

79 N.E.3d 461

57 N.Y.S.3d 69

2017 NY Slip Op 04385

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.

Court of Appeals of New York.

Decided June 6, 2017.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Ingrid R. Gustafson , Richard Dearing and Elizabeth S. Natrella of counsel), for appellants.

Fahringer & Dubno, New York City ( Erica T. Dubno 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, Inc. and another, respondents.

Howard E. Greenberg, Esq., P.C., Smithtown ( Howard E. Greenberg of counsel), and Jennifer M. Kinsley , Chase College of Law, Northern Kentucky University, Highland Heights, Kentucky, for First Amendment Lawyers Association, amicus curiae.

Judges RIVERA, STEIN, GARCIA and WILSON concur; Chief Judge DiFIORE taking no part.

OPINION OF THE COURT

Through a long, complicated, and confusing history, the litigants have struggled over the application of zoning regulations as they apply to New York City's adult entertainment industry. We hold that the City has met its burden of demonstrating that the establishments affected by its 2001 zoning amendments...

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