Judge Denies City’s Attempt to Toss Street Shed Lawsuit

Posted on: February 9th, 2022 at 5:02 am by

Locals filing lawsuit against Open Restaurants

The community-led lawsuit to block the Open Restaurant program – and its street sheds – from becoming permanent can proceed, a judge determined yesterday.

Indeed, Judge Frank Nervo of the Supreme Court of the State of New York, tossed the motion to dismiss the lawsuit. Stating that the city’s argument was “inappropriate,” refusing to dismiss the case.

“We look forward to continuing to litigate the merits of our claim, brought on behalf of all New Yorkers,” says Michael Sussman, civil rights attorney and counsel to the petitioners. “Changes of this magnitude must be implemented in accordance with our law, no shortcuts!”

Photo: Eddie Panta

The 22 claimants, who filed suit last October, cite quality-of-life concerns with the clogged streetscapes, and allegations that the Department of Transportation – the agency responsible for the shanties – mishandled its review of the program and bypassed long-standing zoning regulations. Claimants maintain that the city’s determination of “no adverse impacts” to neighborhoods is in stark contrast to the reality on the ground in many high density areas. The petition asks the court to mandate that the municipal government complete a new environmental impact assessment.

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