The following excerpt is from LaTrieste Restaurant and Cabaret Inc. v. Village of Port Chester, 40 F.3d 587 (2nd Cir. 1994):
Id. at 609-10. See also 303 W. 42nd St. Corp. v. Klein, 46 N.Y.2d 686, 416 N.Y.S.2d 219, 389 N.E.2d 815 (1979); cf. Brady v. Town of Colchester, 863 F.2d 205, 216-17 (2d Cir.1988).
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