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UNION SQ. PARK COMMUNITY COALITION, INC. v. NEW YORK CITY DEPT. OF PARKS & RECREATION

10253, 102734/12, 10254.

107 A.D.3d 525 (2013)

966 N.Y.S.2d 669

2013 NY Slip Op 4544

UNION SQUARE PARK COMMUNITY COALITION, INC., et al., Respondents, v. NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION et al., Appellants.

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

Decided June 18, 2013.

The seasonal restaurant and holiday market concessions at issue do not violate the public trust doctrine (see generally Friends of Van Cortlandt Park v City of New York, 95 N.Y.2d 623 [2001]), since they are permissible park uses (see 795 Fifth Ave. Corp. v City of New York, 15 N.Y.2d 221 [1965]) and the concession agreements are revocable licenses terminable at will, not leases (see...

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