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INFINITY OUTDOOR, INC. v. CITY OF NEW YORK

No. 01 CV 1521(NG).

165 F.Supp.2d 403 (2001)

INFINITY OUTDOOR, INC., Plaintiff, v. CITY OF NEW YORK, Satish K. Babbar, and Ann McCarthy, Defendants.

United States District Court, E.D. New York.

October 11, 2001.

Attorney(s) appearing for the Case

Floyd Abrams, New York City, for plaintiff.

Lawrence S. Kahn, Deborah R. Rand, New York City, for defendant.

OPINION AND ORDER

GERSHON, District Judge.

Plaintiff, an outdoor advertising company, brings this action challenging the constitutionality of the Zoning Resolution of the City of New York, as amended in 2001, and companion enforcement legislation. Plaintiff alleges that the Zoning Resolution unconstitutionally burdens commercial speech in violation of the First Amendment by banning advertising signs, but permitting, subject to regulation, non-commercial...

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