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VIL. OF LYNBROOK v. UNITED ARTISTS

75 Misc.2d 124 (1973)

Incorporated Village of Lynbrook, Plaintiff, v. United Artists Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 10, 1973

Attorney(s) appearing for the Case

Peter K. Ledwith for plaintiff. Phillips, Nizer, Benjamin, Krim & Ballon (Gerald F. Phillips and William Pinzler of counsel), for defendants. Wachtel, Lipton, Rosen & Katz (Bernard W. Nussbaum and Steven M. Barna of counsel), for "John Doe," manager of Lynbrook Theatre, defendant.

MARIO PITTONI, J.

Defendant United Artists Corp. moves to dismiss the Village of Lynbrook action to enjoin defendants from showing "Last Tango in Paris" in Lynbrook, New York, on the ground that CPLR 6330, under which the action was brought, is unconstitutional.

The pertinent part of CPLR 6330 is:

"The supreme court has jurisdiction to enjoin the sale or distribution of obscene prints and articles...

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