Legal Opinion

795 Fifth Avenue Corp. v. City of New York

New York Supreme Court

Decided August 26, 1963PublishedCited by 10 opinions

1Opinion of the CourtJacob Maekowitz, J.

The parks of New York City are in the nature of a public trust to be administered in the public interest by the city’s duly-elected officials. In this suit the court is asked to decide whether the use of the corner of Central Park near the intersection of 59th Street and Fifth Avenue as a “ cafe-restaurant ” would violate the trust purposes for which the public parks are held and administered.

The proposed use of Central Park stems from discussions between Huntington Hartford, a public-spirited New Yorker, who was desirous of contributing a large sum of money for the benefit of New York City’s…

2Cases cited16 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Kaskel v. ImpellitteriNew York Court of Appeals · 1953
  3. Talcott v. . City of BuffaloNew York Court of Appeals · 1891
  4. Williams v. . GallatinNew York Court of Appeals · 1920
  5. Gushee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by10 opinions

  1. Union Square Park Community Coalition, Inc. v. New York City Department of Parks & RecreationNew York Court of Appeals · 2014
  2. Persons v. City of Fort WorthCourt of Appeals of Texas · 1990
  3. Tuck v. HeckscherNew York Supreme Court · 1971
  4. Davis v. City of New YorkNew York Supreme Court · 1966
  5. State of Idaho v. HodelCourt of Appeals for the Ninth Circuit · 1987

5 more not listed; retrieve them via the Exa API.

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