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TEN'S CABARET v. CITY OF NY

1 Misc.3d 399 (2003)

768 N.Y.S.2d 786

TEN'S CABARET, INC., Formerly Known as STRINGFELLOW'S OF NEW YORK, LTD., Plaintiff, v. CITY OF NEW YORK et al., Defendants. PUSSYCAT LOUNGE, INC., Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

September 9, 2003.

Attorney(s) appearing for the Case

Alonso, Ferrigno, Andalkar & Kahn, P.C., New York City (Mark J. Alonso of counsel), for Ten's Cabaret, Inc., plaintiff.

Mehler & Buscemi, New York City (Martin P. Mehler of counsel), for Pussycat Lounge, Inc., plaintiff.

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.

In these two "adult establishment" zoning ordinance actions, plaintiffs move for a preliminary injunction, and defendants cross-move for summary judgment. Additionally, plaintiff in Ten's Cabaret, Inc. v New York City (Index No. 121197/02) moves for summary judgment; and, plaintiffs in Pussycat Lounge, Inc. v City of New York (Index No. 122740/02) move to consolidate with Ten's.

In Ten...

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