Trees: Tort Liability For Injuries Involving Trees

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>


City Planning Approves Parks’ Acquisition of Community Garden with Community Support

The City Planning Commission approved the acquisition of 6,000-square-foot community garden and passive recreation lot to place under jurisdiction of the Parks Department. On July 16, 2017, the City Planning Commission issued a favorable report on a joint application filed by the Department of Parks and Recreation and the Department of Citywide Administrative Services to acquire private property at 237 Maple Street in the Prospect-Lefferts Gardens neighborhood of Brooklyn. The acquired property would be used … <Read More>


Council Member’s Lawsuit Against Mayor Survives Dismissal

Council Member’s lawsuit over non-profit park alliance’s structure and funding continues after the City attempted to squash the claim. On February 16, 2017, the New York Supreme Court denied the City’s motion to dismiss a suit against the Mayor regarding the Flushing Meadows Corona Park Alliance.

In July 2016, Council Member Rory Lancman brought a suit against both the Mayor and the Alliance in New York State Supreme Court. In the complaint, Lancman alleged that … <Read More>


City Council Member Seeks End-Run Around Lawsuit Against Mayor de Blasio

A City Council Member submitted legislation to enact the very relief he is currently seeking from the courts. On October 13, 2016, City Council Member Rory I. Lancman, representative for the 24th council district in Queens, introduced legislation which would amend the City’s Administrative Code regarding local representation on park conservancy boards. The proposed law would require that every non-profit conservancy entity have a voting member on its board of directors designated by each council … <Read More>


Council Approves Conversion of Saint Vincent’s Triangle into City Parkland with AIDS Memorial

Privately-owned open space will be converted into a new City park that includes an aptly-placed Aids memorial across the street from the former-Saint Vincent’s Hospital.  On August 13, 2015, the City Council approved West Village Residences, LLC and the Department of Parks and Recreation’s application to transfer ownership of WVR-owned open space to the City and officially map the space as City parkland.  The open space is bounded by Seventh Avenue South, West … <Read More>


City Planning Approves New City Island Bridge

New causeway design for City Island Bridge applauded by community and local elected officials. On May 21, 2014, the City Planning Commission unanimously approved an application by the New York City Department of Transportation and Department of Parks and Recreation for a city map amendment to facilitate the construction of a new City Island Bridge in the Bronx. City Island Bridge, which connects City Island to Rodman’s Neck, was built in 1901 and was determined … <Read More>