SHAD ALLIANCE v. SMITH HAVEN


118 Misc.2d 841 (1983)

SHAD Alliance et al., Plaintiffs, v. Smith Haven Mall, Defendant.

Supreme Court, Special Term, Suffolk County.

March 14, 1983


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison for defendant. Christopher A. Hansen and Steven R. Shapiro for plaintiffs.


WILLIAM L. UNDERWOOD, JR., J.

This case is of novel impression and it involves the right of free speech versus the right of privacy. Specifically, can plaintiffs utilize the free speech language of the New York Constitution to compel defendant, the owner of a shopping center, to permit them to distribute leaflets on its private property. The issues presented by this case are of current interest because the leaflets sought to be distributed concern the...

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