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FOR PEOPLE THEATRES v. CNY

121080/02.

27 Misc.3d 1079 (2010)

897 N.Y.S.2d 618

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.

Decided April 8, 2010.

Attorney(s) appearing for the Case

Fahringer & Dubno , New York City ( Herald Price Fahringer and Erica T. Dubno of counsel), for plaintiffs.

Michael A. Cardozo , Corporation Counsel, New York City ( Robin Binder of counsel), for defendants.

OPINION OF THE COURT

LOUIS B. YORK, J.

This action was tried by the court without a jury on remand from the Court of Appeals. The issue to be decided was the constitutionality of the City of New York's 2001 amendments to the City defendant's zoning regulations pursuant to guidelines laid down by the Court of Appeals.

Background

Before a discussion on the merits of the amendments can take place, an understanding of how we got...

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