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NEW YORK STATE ASS'N OF REALTORS, INC. v. SHAFFER

No. CV 91-1897 (ADS).

833 F.Supp. 165 (1993)

NEW YORK STATE ASSOCIATION OF REALTORS, INC. and Clifford Hall, Plaintiffs, v. Gail S. SHAFFER, Individually and as Secretary of State of the State of New York, Defendant.

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

September 30, 1993.

Attorney(s) appearing for the Case

Michael T. Wallender, Albany, NY, Goldson & Radin by Howard W. Goldson, Commack, NY, for plaintiffs.

Robert Abrams, Atty. Gen., State of NY by August L. Fietkau, Asst. Atty. Gen., for defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The plaintiffs commenced this action to obtain a declaratory judgment to declare that Chapter 696 of the New York State Laws of 1989 (N.Y. Real Prop. Law § 442-h) and the regulations promulgated thereunder to establish or enforce "nonsolicitation zones" are unconstitutional. The plaintiffs move for summary judgment pursuant to Fed.R.Civ.P. 56, invalidating Real Property Law § 442h(1)

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