Statement on New York Supreme Court’s Decision Regarding Marx Brothers Playground

April 30, 2019

On April 29, Justice John Kelley of the New York County Supreme Court dismissed an Article 78 lawsuit filed by MAS and our partners at Carnegie Hill Neighbors, Friends of the Upper East Side Historic Districts, and CIVITAS. The lawsuit 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.

In response, the four groups issued the following joint statement:

“We are deeply disappointed in the Court’s decision to deny our Article 78 petition, and are weighing our next steps. We are emboldened by Justice Kelley’s judgment, however, that Marx Brothers Playground (prior to its alienation), as well as all publicly owned playgrounds under the jurisdiction of the Commissioner of Parks and Recreation, are parks protected by the New York State Public Trust Doctrine.” 

We are grateful to the thousands of MAS members and supporters who helped advocate on behalf of Marx Brothers Playground and the more than 260 other jointly operated playgrounds that make our neighborhoods healthier and more resilient. We will continue fighting to codify their protection as public parkland.

a map of jointly-owned playgrounds in New York City
There are more than 260 parks classified as jointly operated playgrounds around the five boroughs.
a bicyclist rides in a bike lane

Help us continue our planning advocacy work on behalf of New York City and all of its residents for another 125 years.

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