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For the People Theatres of N.Y., Inc. v. City of New York 20 A.D.3d 1, 793 N.Y.S.2d 356 (1st Dept. 2005) The Appellate Division reversed the Supreme Court and held the 2002 Amendments to NYC's Adult Use Zoning Regulations constitutional on the basis that the elimination of adult establishments in certain zones was what was originally intended by the City Council.
Ten's Cabaret, Inc. v. City of New York 6 N.Y.3d 63, 810 N.Y.S.2d 381, 845 N.E.2d 1121 (2005) The Court of Appeals reversed the Appellate Division, which had awarded summary judgment to the City of New York holding that the 2001 Amendments to the Adult Use Provisions of the New York City Zoning Ordinance were constitutional. The Court of Appeals held that there existed material issues of fact as to whether the 2001 Amendments were unconstitutional.
Ten's Cabaret, Inc. v. City of New York 1 Misc. 3d 399, 768 N.Y.S.2d 786 (Sup. Ct., N.Y. County 2003) The Supreme Court denied the City of New York's motion for summary judgment that the 2001 Amendments to the Adult Use Provisions of the New York City Zoning Resolution were constitutional. The Supreme Court granted Ten's cross-motion for summary judgment against the City of New York that the 2001 Amendments were unconstitutional.
Dezer Entertainment Concepts, Inc. and Council of Regulated Adult Liquor Licensees v. City of New York 8 A.D.3d 37, 778 N.Y.S.2d 18 (Sup. Ct., N.Y. County 2004) The Supreme Court granted summary judgment dismissing a claim that the Adult Use Provisions of the New York Zoning Resolution were being selectively enforced.
Doyle & Doyle, Inc. v. Rush 241 A.D.2d 494, 661 N.Y.S.2d 523 (2d Dept. 1997) Homeowners in Westhampton moved to intervene in zoning case relating to nightclub premises and, upon such granting of leave to intervene, Motion by proposed intervenors denied by Supreme Court, Suffolk County (Rohl, J.). The Supreme Court, Appellate Division, reversed and granted homeowners leave to intervene on ground that they were interested parties, but affirmed judgment.
Stringfellow's of New York, Ltd. v. City of New York 91 N.Y.2d 382, 671 N.Y.S.2d 406 (1998), aff'g 241 A.D.2d 360, 663 N.Y.S.2d 812 (1st Dept. 1997), aff'g 171 Misc. 2d 376, 653 N.Y.S.2d 801 (Sup. Ct., N.Y. County 1996) Adult entertainment establishments and patrons thereof brought actions for declaratory and injunctive relief on the ground that the Adult Use Provisions of the Zoning Resolution are unconstitutional. The Court of Appeals held that zoning ordinance was constitutional.
City of New York v. Stringfellow's of New York, Ltd. 1999 WL 47716 (1st Dept. 1999) Plaintiffs appealed from an order of the Supreme Court, New York County (Stephen Crane, J.), which order held that Defendant's nightclub was not subject to the City of New York's adult establishment zoning regulations because the nightclub did not exclude minors, a definitional requirement of the zoning ordinance. The First Department reversed, City of New York v. Stringfellow's of New York, Ltd., 289 A.D.2d 109, 735 N.Y.S.2d 79 (1st Dept. 2001), and the Court of Appeals affirmed, City of New York v. Stringfellow's of New York, Ltd., 96 N.Y.2d 51, 725 N.Y.S.2d 617 (2001).
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