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PEOPLE THEATRES v. CITY OF NY

20 A.D.3d 1 (2005)

793 N.Y.S.2d 356

FOR THE PEOPLE THEATRES OF N.Y., INC., Doing Business as FAIR THEATRE, et al., Respondents, v. CITY OF NEW YORK et al., Appellants. TEN'S CABARET, INC., Formerly Known as STRINGFELLOW'S OF NEW YORK, LTD., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

April 12, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth S. Natrella, Leonard Koerner and Robin Binder of counsel), for appellants.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, New York City (Herald Price Fahringer and Erica T. Dubno of counsel), for For the People Theatres of N.Y., Inc. and another, respondents.

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

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

ANDRIAS, J.P., FRIEDMAN and ELLERIN, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In these appeals, which we consolidate for disposition, we are asked to review two judgments of the Supreme Court, New York County (Louis B. York, J.) which, inter alia, granted plaintiffs' motions for summary judgment in each action, declared the 2001 Adult Use Amendments to the 1995 Adult Use Zoning Ordinance unconstitutional, and permanently enjoined the municipal defendants...

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