The following excerpt is from 31 West 21st Street Associates v. Evening of the Unusual, Inc., 125 Misc.2d 661, 480 N.Y.S.2d 816 (N.Y. City Ct. 1984):
Here, although there is overwhelming proof of sexual conduct on the premises, the connection between the passing of money and the return of sexual conduct is not nearly as direct as was the case in People v. Kovner, supra. I find the facts presented here to be insufficient to support a holding that the respondent promotes or permits prostitution.
Accordingly, the portions of the petition alleging the commission of prostitution-related offenses by the respondent are dismissed.
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