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UHLFELDER v. WEINSHALL

47 A.D.3d 169 (2007)

845 N.Y.S.2d 41

BERNARD UHLFELDER et al., Appellants, v. IRIS WEINSHALL, as Commissioner of the Department of Transportation of the City of New York, et al., Respondents.

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

November 8, 2007.

Attorney(s) appearing for the Case

Emery Celli Brinkerhoff & Abady LLP, New York City (Andrew G. Celli, Jr., Eric Hecker and Mariann Meier Wang of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth I. Freedman, Leonard Koerner and Virginia Waters of counsel), for respondents.

Amanda Hiller, New York City, for Municipal Art Society of New York, Inc., amicus curiae.

Kramer Levin Naftalis & Frankel LLP, New York City (Jeffrey L. Braun, Samuel H. Lindenbaum and Toni L. Finger of counsel), for Real Estate Board of New York, Inc., amicus curiae.

Davis Wright Tremaine LLP, New York City (Victor A. Kovner, Carolyn K. Foley and Kevan D. Choset of counsel), for Harper's Magazine Foundation and others, amici curiae.

NARDELLI and BUCKLEY, JJ., concur with McGUIRE, J.; ANDRIAS, J.P., and SWEENY, J., concur in the result only in a separate opinion by ANDRIAS, J.P.

OPINION OF THE COURT

McGUIRE, J.

The plaintiffs in this action against the City of New York and individual city officials and agencies (collectively, the City) are 11 licensed newsstand operators in the City of New York and the New York City Newsstand Operators Association (the Association), a trade association of licensed newsstand operators. Plaintiffs challenge, on various constitutional and statutory grounds, Local Law No. 64 (2003) of the City of New...

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