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CITY OF NY v. SCANDALS

178 Misc.2d 267 (1998)

678 N.Y.S.2d 876

City of New York et al., Plaintiffs, v. Scandals et al., Defendants.

Supreme Court, Queens County.

September 15, 1998

Attorney(s) appearing for the Case

New York City Police Department Legal Bureau (Aliza Felix, Ilene Berkowtiz, Matthew R. Fleming and Maggie Tam of counsel), for plaintiffs. Ginsberg, Katsorhis & Fedrizzi, Flushing (Kerry J. Katsorhis of counsel), for Scandals, defendant.

DAVID GOLDSTEIN, J.

ISSUE

This case presents an issue of apparent first impression under the adult entertainment zoning law, namely, whether a topless bar may be located within 500 feet from a residence district, where, on this record, a substantial portion of the district consists of a cemetery. Plaintiffs move, pursuant to Administrative Code of the City of New York §§ 7-707, 7-709, 7...

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