MATTER OF NEW YORK CITY COALITION FOR THE PRES. OF GARDENS v. GIULIANI


246 A.D.2d 399 (1998)

666 N.Y.S.2d 918

In the Matter of New York City Coalition for the Preservation of Gardens, Appellant, et al., Petitioners, v. Rudolph W. Giuliani, as Mayor of The City of New York, et al., Respondents, and BFC&R East 11th Street LLC, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 15, 1998


The subject of this proceeding is a group of once-vacant lots in Harlem and the Lower East Side on which groups of residents have planted gardens. We agree with the IAS Court that petitioner-appellant, having no "legally cognizable injury", is without standing to bring this action (Society of Plastics Indus. v County of Suffolk, 77 N.Y.2d 761, 777). Petitioner's members occupy the lots...

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