City of New York v. Dezer Properties, Inc.

OPINION OF THE COURT

Lerner, J.

This appeal results from one of the recent cases which arose following amendment of the New York City Zoning Resolution in 1995 with regard to adult establishments. At issue here is whether the “60%-40% substantial portion analysis” (hereinafter 60-40 rule) of section 12-10 of the New York City Zoning Resolution (hereinafter ZR § 12-10) should apply to single-use adult eating or drinking establishments and theaters, and if so, whether defendant’s modifications to the subject establishment complied with the 60-40 rule.

In order to isolate adult entertainment in an…