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CITY OF NEW YORK v. DEZER PROPERTIES, INC.

95 N.Y.2d 771 (2000)

732 N.E.2d 943

710 N.Y.S.2d 836

CITY OF NEW YORK et al., Respondents-Appellants, v. DEZER PROPERTIES, INC., et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided May 4, 2000.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Margaret G. King, Gabriel Taussig, Elizabeth S. Natrella, Karen M. Griffin and Kerri A. Devine of counsel), for respondents-appellants.

Rothkrug & Rothkrug, Great Neck (Simon H. Rothkrug of counsel), for appellants-respondents.

Zane & Rudofsky, New York City (Edward S. Rudofsky, Charles F. Axelrod and Arlene H. Schechter of counsel), for Council of Regulated Adult Liquor Licensees, amicus curiae.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs to defendants, and the order of Supreme Court reinstated. The certified question need not be answered on the ground that it is unnecessary.

New York City Zoning Resolution § 12-10 provides that, in order to qualify as an "adult establishment" subject to municipal regulation, a "substantial portion" of a commercial establishment must include the...

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