STRINGFELLOW'S OF NEW YORK, LTD., APPELLANT, v. THE CITY OF NEW YORK, ET AL.,
RESPONDENTS, TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT, ET AL.,
INTERVENORS-RESPONDENTS.
91 N.Y.2d 382, 694 N.E.2d 407, 671 N.Y.S.2d 406 (1998).
February 24, 1998
1 No. 17
(98 NY Int. 0014)
Decided February 24, 1998
_________________________________________________________________
AMSTERDAM VIDEO INC., ET AL., APPELLANTS, v. THE CITY OF NEW YORK, ET AL.,
RESPONDENTS, TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT, ET AL.,
INTERVENORS-RESPONDENTS.
91 N.Y.2d 382, 694 N.E.2d 407, 671 N.Y.S.2d 406 (1998).
February 24, 1998
1 No. 18
(98 NY Int. 0014)
Decided February 24, 1998
_________________________________________________________________
RACHEL HICKERSON, ET AL., APPELLANTS, v. THE CITY OF NEW YORK, ET AL.,
RESPONDENTS, TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT, ET AL.,
INTERVENORS-RESPONDENTS.
91 N.Y.2d 382, 694 N.E.2d 407, 671 N.Y.S.2d 406 (1998).
February 24, 1998
1 No. 19
(98 NY Int. 0014)
Decided February 24, 1998
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
No. 17:
Mark J. Alonso, for appellant Stringfellow's.
Leonard Koerner, for City respondents.
SNIPPETS:
STRINGFELLOW'S OF NEW YORK, LTD., APPELLANT, v.
THE CITY OF NEW YORK, ET AL.,
RESPONDENTS, TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT, ET AL., INTERVENORS-RESPONDENTS.
for appellant Amsterdam Video.
This appeal concerns the validity of New York City's Amended Zoning Regulation governing the
We conclude that on this record the Supreme Court correctly granted summary judgment
By 1993, there were 177 adult establishments operating in New York City: 107 in Manhattan, 44
the Department of City Planning (DCP) undertook an evaluation of the impact of such property
The DCP found evidence in these reports that adult businesses often have such negative
The DCP also sought to identify the specific adverse secondary effects caused by adult
Among the other materials examined were a 1977 report by the City Planning Commission (CPC);
e to City agencies.
Consequently, adult uses were permitted in most of the City's commercial and manufacturing
On March 21, 1995, the DCP and the City Council Land Use Committee jointly sought to amend
Over the next several months, the City's 59 community boards, five borough boards and borough
As adopted by the City Council, the amendments are applicable to any "adult establishment,"
Under provisions that pre date the Amendments, new commercial establishments, including new
Plaintiffs alleged that the Amended Zoning Resolution deprived them of their right to free
Defendants removed the case to the United States District Court for the Southern District of
Applying the test articulated by this Court in Matter of Town of Islip v Caviglia (73 NY2d
In this State, the proper balance between community needs and free expression under our
We concluded that the ordinance satisfied both federal constitutional standards (see, City of
Before enacting the Resolution, the City Council assembled an extensive legislative record
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