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CITY OF N Y v. AM SCH. PUBS.

119 A.D.2d 13 (1986)

City of New York, Appellant, v. American School Publications, Inc., et al., Respondents

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

July 31, 1986

Attorney(s) appearing for the Case

Paul T. Rephen of counsel (Jeffrey D. Friedlander and Ellen B. Fishman with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Howard J. Rubin of counsel (Marlene L. Glazer with him on the brief; Davis & Gilbert, attorneys), for respondents.

SULLIVAN, J. P., CARRO, FEIN and ELLERIN, JJ., concur.

MILONAS, J.

Defendant-respondent, American School Publications, Inc., a wholly owned subsidiary of the Learning Annex, Inc., publishes The Learning Annex Magazine, which defendants are seeking to distribute free of charge throughout the City of New York by the placement of newsracks on the sidewalks. Plaintiff-appellant the City of New York has allowed other publications, among them City Business

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