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PEOPLE v. CLOUD BOOKS

119 Misc.2d 505 (1983)

The People of the State of New York ex rel. Richard J. Arcara, as District Attorney of Erie County, Plaintiff, v. Cloud Books, Inc., Doing Business as Village Book & News Store, et al., Defendants.

Supreme Court, Erie County.

May 31, 1983

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria, Jr., of counsel), for Cloud Books, Inc., defendant. Richard J. Arcara, District Attorney (Albert M. Ranni and Louis A. Haremski of counsel), plaintiff pro se.

THOMAS P. FLAHERTY, J.

The question on this motion for partial summary judgment is whether title II of article 23 of the Public Health Law, entitled "Houses of Prostitution: Injunction and Abatement" can be employed to enjoin and abate a nuisance consisting of lewdness, assignation, or prostitution when it occurs at an establishment engaged in the sales of books, magazines, and the showing of movies. For the...

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