New York City Coalition for the Preservation of Gardens v. Giuliani

Order, Supreme Court, New York County (Jeffrey Atlas, J.), entered October 15, 1997, which denied petitioners’ application to enjoin construction on lots allegedly occupied by community gardens and granted respondents’ motion to dismiss the petition, unanimously affirmed, without costs.

The subject of this proceeding is a group of once-vacant lots in Harlem and the Lower East Side on which groups of residents have planted gardens. We agree with the IAS Court that petitioner-appellant, having no “legally cognizable injury”, is without standing to bring this action (Society of Plastics Indus. v…