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NYC v. STRINGFELLOW'S OF NY

96 N.Y.2d 51 (2001)

749 N.E.2d 192

725 N.Y.S.2d 617

CITY OF NEW YORK et al., Respondents, v. STRINGFELLOW'S OF NEW YORK, LTD., et al., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Alonso, Ferrigno & Andalkar, P. C., New York City (Mark J. Alonso and Jaymee Kahn of counsel), for Stringfellow's of New York, Ltd., appellant.

Michael D. Hess, Corporation Counsel of New York City (Margaret G. King, Edward F.X. Hart and Karen Griffin of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

Under New York City Zoning Resolution § 12-10, an "adult eating or drinking establishment" is one "not customarily open to the general public * * * because it excludes minors by reason of age." Stringfellow's, a topless bar,1 contends that because it has adopted a policy for the admission of minors, it is not an "adult eating or drinking establishment...

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