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FESTA v. NYC CONSUMER AFFAIRS

12 Misc.3d 466 (2006)

820 N.Y.S.2d 452

JOHN FESTA et al., Plaintiffs, v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS et al., Defendants.

Supreme Court, New York County.

April 3, 2006.

Attorney(s) appearing for the Case

Paul G. Chevigny, New York City, Norman Siegel, New York City, and McLaughlin & Stern, LLP, New York City (Steven J. Hyman of counsel), for plaintiffs.

Michael A. Cardozo, Corporation Counsel, New York City (Ave Maria Brennan of counsel), for defendants.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

This action challenges the constitutionality of New York City's Cabaret Law and provisions of the New York City Zoning Resolution which, taken together, regulate the circumstances under which participatory social dancing may be permitted in eating and drinking establishments, and the location of those establishments throughout New York City. It requires consideration of whether, and to what extent, the City may...

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