MATTER OF OH v. CITY OF NEW YORK


306 A.D.2d 25 (2003)

761 N.Y.S.2d 636

In the Matter of DAE H. OH, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 3, 2003.


The denial of the license was rationally based on a finding that the proposed newsstand was within the frontage of a building, namely, a 46-story, block-wide hotel, that has more than three floors of "retail use" within the meaning of 6 RCNY 2-68 (b) (4) (x), including stores on the street level, a gift shop on the second floor, a travel agency on the fourth floor, a restaurant on the 14th floor and a health club on the 15th floor. We reject petitioner's argument that "retail...

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