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PEOPLE THEATRES v. CITY OF NY

1 Misc.3d 394 (2003)

768 N.Y.S.2d 783

FOR THE PEOPLE THEATRES OF N.Y., INC., Doing Business as FAIR THEATRE, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

September 9, 2003.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP, New York City (Herald Price Fahringer, Erica T. Dubno and Nicole Neckles of counsel), for plaintiffs.

Michael A. Cardozo, Corporation Counsel, New York City (Gabriel Taussig, Robin Binder and Sheryl Kamholz of counsel), for defendants.

OPINION OF THE COURT

LOUIS B. YORK, J.

The plaintiffs are a theatre and video store whose stock includes videos and movies containing adult materials. The court has extensively analyzed the background and history of the New York City Zoning Resolution in the companion case of Ten's Cabaret v City of New York (1 Misc.3d 399 [2003]).

Plaintiffs, who are establishments...

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