City of New York v. Dezer Properties, Inc.

Andreas, J. (dissenting in part).

While I agree with the majority that the so-called “60-40 rule” was properly applied by the IAS Court in determining whether a “substantial portion” of defendants’ establishment includes an adult eating or drink*122ing establishment, I disagree that defendants have failed to prove compliance with such rule.

The City appeals from an order, entered March 18, 1999, in this nuisance abatement proceeding brought pursuant to title 7, chapter 7, subchapter 2 of the Administrative Code of the City of New York, in which the IAS Court (Stephen G. Crane, J.) granted…