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AMERICA'S BEST FAM. SHOWPLACE v. CITY OF N. Y., ETC.

No. 81 Civ. 4087.

530 F.Supp. 607 (1982)

AMERICA'S BEST FAMILY SHOWPLACE CORP., Plaintiff, v. The CITY OF NEW YORK, DEPT. OF BUILDINGS, Irwin Fruchtman, Commissioner, and Dept. of Consumer Affairs, Bruce C. Ratner, Commissioner, Defendants.

United States District Court, E. D. New York.

January 19, 1982.

Attorney(s) appearing for the Case

Shea & Gould, New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is an action challenging the constitutionality of the City of New York's zoning and licensing laws regulating coin operated video game machines. Plaintiff seeks declaratory and injunctive relief, pursuant to 28 U.S.C. § 2201 and Fed.R.Civ.P. 65.

Plaintiff seeks to open a restaurant in a "C-2"1 commercial zone in Queens. The restaurant has a Certificate of Occupancy...

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