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TUNICK v. SAFIR

94 N.Y.2d 709 (2000)

731 N.E.2d 597

709 N.Y.S.2d 881

SPENCER TUNICK, Respondent, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 12, 2000.

OPINION OF THE COURT

Per Curiam.

In this action for injunctive relief, the United States Court of Appeals for the Second Circuit has certified three questions to us:

"(1) Whether a photographic shoot involving 75 to 100 nude bodies arranged in an abstract formation on a public street constitutes entertainment or performance in a `play, exhibition, show or entertainment' within the meaning of the...

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