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UNION SQ. PARK v. NY CITY DEPT

No. 17

22 N.Y.3d 648 (2014)

8 N.E.3d 797

985 N.Y.S.2d 422

2014 NY Slip Op 1207

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

Court of Appeals of New York.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Sanford I. Weisburst and Yelena Konanova of counsel), Super Law Group, LLC ( Reed W. Super and Alexander I. Hankovszky of counsel), and Albert K. Butzel Law Offices ( Albert K. Butzel of counsel), for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Deborah A. Brenner , Leonard Koerner and Amy McCamphill of counsel), for respondents.

Shapiro, Arato & Isserles LLP, New York City ( Marc E. Isserles and Chetan A. Patil of counsel), for Liz Krueger and others, amici curiae.

Friedman Kaplan Seiler & Adelman LLP, New York City ( Eric Seiler , Jeffrey R. Wang and Pearline M. Hong of counsel), for Union Square Partnership and others, amici curiae. I.

Carter Ledyard & Milburn LLP, New York City ( Christopher Rizzo and Holly Leicht of counsel), for New Yorkers for Parks, amicus curiae.

Pace Environmental Litigation Clinic, Inc., White Plains ( Daniel E. Estrin of counsel), for Raritan Baykeeper, Inc. and another, amici curiae.

Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

GRAFFEO, J.

Plaintiffs challenge an agreement by the New York City Department of Parks and Recreation to allow the operation of a restaurant in Union Square Park. We conclude that plaintiffs fail to state a claim for a violation of the public trust doctrine and therefore affirm the Appellate Division order dismissing the complaint.

Union Square Park occupies approximately 3.6...

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