Court Sides with City & Developer in Appeal against Marx Brothers Playground

Joint Statement from MAS and our Co-Plaintiffs

November 19, 2020

On November 19, the First Department of the New York Supreme Court issued a decision in our appeal in the case against Marx Brothers Playground. The Court upheld the prior ruling, in which it had ruled against MAS and partners. In this Article 78 lawsuit, we challenged the City of New York’s actions alienating a public park on behalf of a private developer seeking to build a 700-ft residential tower in one of the most park-starved neighborhoods in the five boroughs.

exterior of the New York State Supreme Court at 60 Centre Street
New York State Supreme Court at 60 Centre Street. Photo: Flickr, Jeffrey Zeldman. Modifications: photo cropped.

The Save Marx Brothers Coalition is disappointed by the decision of the First Department of the New York State Supreme Court. The Court has again declined to address the contradictions between law and practice that underlay the case, while also neglecting the citywide precedent at stake. There are more than 260 Jointly Operated Playgrounds like Marx Brothers across all five boroughs, amounting to 382 acres of parkland at risk. Communities deserve better than a City-led scheme that hands public parks over to private developers. We are exploring options for our next steps.

Save Marx Brothers Coalition (Carnegie Hill Neighbors, CIVITAS, Friends of the Upper East Side Historic Districts, and the Municipal Art Society of New York)