795 FIFTH AVE. CORP. v. CITY OF N. Y.


40 Misc.2d 183 (1963)

795 Fifth Avenue Corporation et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

August 26, 1963


Attorney(s) appearing for the Case

Coudert Brothers (William Rand, Jr., Edwin S. Matthews, Jr., and Gerald J. Dunworth of counsel), for plaintiffs. Leo A. Larkin, Corporation Counsel (Milton Weinberg, Stephen M. Clayton and John O'Leary of counsel), for defendants. Finch & Schaefler for Municipal Art Society and others, amici curiæ. Strook & Strook & Laven (David Sher of counsel), for Huntington Hartford Family Fund, Inc.


JACOB MARKOWITZ, J.

The parks of New York City are in the nature of a public trust to be administered in the public interest by the city's duly-elected officials. In this suit the court is asked to decide whether the use of the corner of Central Park near the intersection of 59th Street and Fifth Avenue as a "cafe-restaurant" would violate the trust purposes for which the public parks are held and administered.

The proposed use of Central Park...

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