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STRINGFELLOW'S OF NY v. NYC

91 N.Y.2d 382 (1998)

694 N.E.2d 407

671 N.Y.S.2d 406

Stringfellow's of New York, Ltd., Appellant, v. City of New York et al., Respondents, and Times Square Business Improvement District et al., Intervenors-Respondents. Amsterdam Video, Inc., et al., Appellants, v. City of New York et al., Respondents, and Times Square Business Improvement District et al., Intervenors-Respondents. Rachel Hickerson et al., Appellants, v. City of New York et al., Respondents, and Times Square Business Improvement District et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Mark J. Alonso, P. C., New York City (Mark J. Alonso and Anna E. Bornstein of counsel), for appellant in the first above-entitled action.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York City (Herald Price Fahringer and Erica T. Dubno of counsel), for appellants in the second above-entitled action.

Arthur Eisenberg, New York City, Norman Siegel and Beth Haroules for appellants in the third above-entitled action.

Jeffrey D. Friedlander, Acting Corporation Counsel of New York City (Leonard Koerner, Albert G. Fredericks and Elizabeth S. Natrella of counsel), for respondents in the first, second and third above-entitled actions.

Cravath, Swaine & Moore, New York City (Frederick A. O. Schwarz, Jr., and Justin J. Daniels of counsel), for Times Square Business Improvement District, intervenor-respondent in the first, second and third above-entitled actions.

Dewey Ballantine, L. L. P., New York City (Wayne A. Cross and Heather K. McDevitt of counsel), Dennis J. Saffran and Brian M. Stettin for Center for the Community Interest and others, intervenors-respondents in the first, second and third above-entitled actions.

Morrison & Foerster, L. L. P., New York City (Michelle N. Kim of counsel), for Association of the Bar of the City of New York, amicus curiae in the first, second and third above-entitled actions.

Zane and Rudofsky, New York City (Edward S. Rudofsky, Martin P. Mehler, Charles F. Axelrod and Arlene H. Schechter of counsel), for Council of Regulated Adult Liquor Licensees, amicus curiae in the second above-entitled action.

Berkman, Gordon, Murray & DeVan (J. Michael Murray, of the Ohio Bar, admitted pro hac vice, of counsel), for First Amendment Lawyers Association, amicus curiae in the second and third above-entitled actions.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Chief Judge KAYE taking no part.

TITONE, J.

This appeal concerns the validity of New York City's Amended Zoning Resolution governing the location of adult entertainment establishments throughout the five boroughs. We conclude that on this record the Supreme Court correctly granted summary judgment declaring that the challenged ordinance does not violate plaintiffs' constitutional rights of free expression.

I. Factual Background...

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