SHAD ALLIANCE v. SMITH HAVEN


106 A.D.2d 189 (1985)

Shad Alliance et al., Respondents, v. Smith Haven Mall, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 4, 1985


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Robert S. Smith, Matthew E. Fishbein and Audrey S. Feinberg of counsel), for appellant.

Steven R. Shapiro and Christopher A. Hansen for respondents.

Stroock & Stroock & Lavan (Edward R. Korman and Naomi Siegel of counsel), for the New York Government Affairs Committee of the International Council of Shopping Centers, amicus curiae.

GIBBONS, J. P., and EIBER, J., concur with BROWN, J; NIEHOFF, J., dissents and votes to reverse the order and judgment and, inter alia, to declare that the plaintiffs have no constitutional right to distribute leaflets on the defendant's property, contrary to the defendant's wishes, with an opinion, in which RUBIN, J., concurs.


BROWN, J.

The issue to be decided on this appeal is whether the rights of free speech and petition under our State Constitution (NY Const, art I, §§ 8, 9) protect those who wish to distribute leaflets dealing with matters of public interest and concern at a large, privately owned suburban shopping mall. We conclude that the shopping mall in question — the Smith Haven Mall in Suffolk County ...

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