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PEOPLE THEATRES OF N.Y. INC. v. CITY OF NEW YORK

3847, 3848, 121080/02.

84 A.D.3d 48 (2011)

923 N.Y.S.2d 11

FOR THE PEOPLE THEATRES OF N.Y., Inc., Doing Business as FAIR THEATER, Plaintiff, and JGJ MERCHANDISE CORP., Doing Business as VISHANS VIDEO, Also Known as MIXED EMOTIONS, Appellant, v. CITY OF NEW YORK et al., Respondents. TEN'S CABARET, INC., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 7, 2011.

Attorney(s) appearing for the Case

Fahringer & Dubno, New York City ( Herald Price Fahringer , Erica L. Dubno and Nicole Neckles of counsel), for JGJ Merchandise Corp., appellant.

Zane & Rudofsky, New York City ( Edward S. Rudofsky of counsel) for Ten's Cabaret, Ltd., and others, appellants.

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

GONZALEZ, P.J., SAXE, CATTERSON and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

This challenge to the constitutionality of the 2001 Amendments to New York City Zoning Resolution § 12-10, which placed certain restrictions on adult establishments, presents two significant issues. The first is whether the City established that certain nightclubs fitting the technical definition of "60/40" establishments retained a predominant focus on sexually explicit activity, and thus, that the amendments were constitutional...

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