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DEZER ENTERTAINMENT CONCEPTS, INC. v. CITY OF NEW YORK

8 A.D.3d 37 (2004)

778 N.Y.S.2d 18

DEZER ENTERTAINMENT CONCEPTS, INC., Plaintiff, and COUNCIL OF REGULATED ADULT LIQUOR LICENSEES et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

June 3, 2004.

The court improperly concluded that the instant claim is barred by res judicata, finding it a challenge to the facial constitutionality of the Amended Zoning Resolution of the City of New York (AZR), an issue that has already been litigated and determined. In Stringfellow's of N.Y. v City of New York (91 N.Y.2d 382 [1998]), the Court of Appeals expressly upheld the constitutionality of the AZR as a legitimate governmental targeting...

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