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N.Y. CITY v. LEARNING ANNEX

150 Misc.2d 791 (1991)

City of New York et al., Plaintiffs, v. Learning Annex, Inc., et al., Defendants.

Supreme Court, New York County.

May 6, 1991

Attorney(s) appearing for the Case

Davis & Gilbert (Howard J. Rubin and Mitchell I. Weitz of counsel), for defendants. Victor A. Kovner, Corporation Counsel (Gabriel Taussig, Paul R. Rephen, Lisa S. J. Yee and Louise Moed of counsel), for plaintiffs.

ALICE SCHLESINGER, J.

Before the court is round two of the ongoing dispute between the City of New York and the Learning Annex over the latter's use of bins to distribute its publication. At the heart of the controversy is whether the magazine is commercial or noncommercial speech and whether a city regulation banning distribution of commercial speech through bins on sidewalks is constitutional.

The...

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