The New York Supreme Court has dismissed an Article 78 filed by the Coalition to Save Marx Brothers Playground comprised of FRIENDS of the Upper East Side, the Municipal Art Society, Carnegie Hill Neighbors, and CIVITAS. The challenge sought to overturn the alienation of this city-owned “jointly operated playground” (JOP) on East 96th Street that would allow the space to be mined for development rights to bolster the size of a private development owned by Avalon Bay.

In a joint statement, the members of the coalition have said: “We are deeply disappointed in the Court’s decision to deny our Article 78 petition, and are weighing our next steps. We are emboldened by Justice Kelley’s judgment, however, that Marx Brothers Playground (prior to its alienation), as well as all publicly owned playgrounds under the jurisdiction of the Commissioner of Parks and Recreation, are parks protected by the New York State Public Trust Doctrine.”

FRIENDS is grateful for the support of the community who supported this fight, and who continue to believe in the importance of protecting our neighborhood’s public open space. The overall area of Upper East Side, despite being a family-friendly residential neighborhood, is comprised of less than 1% open or recreational space. This makes all of our parks, esplanades, POPS and playgrounds all the more precious to residents and FRIENDS intends to continue to strive for their continual protection.