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CENTRAL PARK v. NY FOR CLEAN

656416/16. 4281.

157 A.D.3d 28 (2017)

66 N.Y.S.3d 477

2017 NY Slip Op 08619

CENTRAL PARK SIGHTSEEING LLC, Respondent, v. NEW YORKERS FOR CLEAN, LIVABLE & SAFE STREETS, INC., Doing Business as NYCLASS, et al., Appellants, et al., Defendants.

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

Decided December 7, 2017.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Randy M. Mastro , Caitlin Halligan , Akiva Shapiro , Gabriel K. Gillett , William J. Moccia and Timothy Sun of counsel), and Cahill Gordon & Reindel LLP, New York City ( Joel Kurtzberg and Peter J. Linken of counsel), for appellants.

Einbinder Dunn & Goniea LLP, New York City ( James A. Goniea and Michael Einbinder of counsel), for respondent.

TOM, J.P., RENWICK and KAPNICK, JJ., concur.

OPINION OF THE COURT

In this case, we are asked to balance the First Amendment rights of animal rights protestors against the government's interest in maintaining public safety and the safe flow of traffic on its public streets and byways. The government's significant interest warrants upholding the challenged injunction...

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