On June 1, 1988, while I was commissioner of the New York City Department of Transportation the underside of the elevated FDR Drive fell to the roadway below and killed a Brooklyn dentist who was driving into Manhattan to pick up his wife. The next day on Friday, June 2, 1989, the New York Times reported his death:

Part of Park West Village. Image Credit: Google Maps

On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662.  The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to which no deference is owed.  The City Council should follow the lead of the U.S. Congress, which, in the Dodd-Frank Act, legislated a less deferential standard of review for certain actions of an agency widely deemed captive to the industry it is supposed to regulate.

Ross Sandler, Center for New York City Law Director

A new book recalls the glory of Bryant Park before the Covid-19 shutdown: the movable chairs, the green grass, magazine racks and ping pong tables, shady paths and, most of all, the large numbers of people enjoying Bryant Park.

The Roosevelt Memorial Sculpture outside the American Museum of Natural History. Image Credit: Wikimedia Commons/MacLachlan

Jeffrey Kroessler’s view on the Teddy Roosevelt statue at the entrance to the Natural History Museum is clear and provocative, even if I have no certain answer to the questions it raises.

The Roosevelt Memorial Sculpture outside the American Museum of Natural History. Image Credit: Wikimedia Commons/MacLachlan

The American Museum of Natural History has requested that the City of New York remove the statue of Theodore Roosevelt from its front stoop. At a time when mobs in the street have vandalized public monuments across the nation, the museum and the city are engaging in their own act of civic vandalism.

Professor Arthur S. Leonard.

The following is an op-ed in response to Professor Ross Sandler’s Commentary regarding mail-in ballots and the election. To read that piece, click here. 

I think Ross Sandler makes some very good points in this editorial on mail-in ballots.  I think, however, that we have an exceptional situation with this year’s election.  Part of the problem in thinking about the mail-in ballot issue is that it takes a fair amount of time to undertake the steps necessary to conduct mail-in voting on a large scale, especially in a jurisdiction where it hasn’t been done in the past.  We can’t know far enough in advance what the situation will be with the pandemic.