The court cited SHAD Alliance v Smith Haven Mall, 66 NY2d 496, in which the Court of Appeal held that in order for a plaintiff to maintain such an action the plaintiff would have to allege facts that would show that the State [1] "is so entwined with the regulation of the private conduct as to constitute State activity"; [2] that "there is meaningful State participation in the activity"; or [3] that "there has been a delegation of… [read post]