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BUZZETTI v. CITY OF NEW YORK

No. 2312, Docket 97-7585.

140 F.3d 134 (1998)

Adele BUZZETTI d/b/a Cozy Cabin, and Vanessa Doe, the first and last names being fictitious, Plaintiffs-Appellants, v. THE CITY OF NEW YORK, The Department of City Planning, The Department of Buildings, The New York City Council; Rudolph W. Giuliani, Joseph Rose and Gaston Silva, in their offical capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 20, 1998.

Attorney(s) appearing for the Case

Ivan S. Alter, New York City (Alter & Alter, New York City), for Plaintiffs-Appellants.

Elizabeth S. Natrella, Assistant Corporation Counsel of the City of New York, New York City (Paul A. Crotty, Corporation Counsel of the City of New York, Leonard J. Koerner, Albert G. Fredericks, Assistant Corporation Counsels of the City of New York, New York City, Of Counsel) for Defendants-Appellees.

Before: WINTER, Chief Judge, JACOBS and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiffs Adele Buzzetti, doing business under the name of her cabaret, Cozy Cabin, which features topless female dancers, and Vanessa Doe, a topless dancer (using a fictitious name for the purposes of this suit), appeal from the dismissal of their complaint in the United States District Court for the Southern District of New York (John S. Martin, J.) seeking declaratory and injunctive relief against the enforcement of a New York City zoning...

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