Legal Opinion

Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLC

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 2013PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Acosta, J.

Can aesthetic considerations trump a carefully considered and crafted contractual provision dictating the specific location of an inscription on a work of art? We hold that they cannot.

This case revolves around the Franklin D. Roosevelt (FDR) Four Freedoms Park (the Park), which commemorates FDR’s famous “Four Freedoms” speech.* The Park is located on four acres of land at the southern tip of Roosevelt Island. It was designed in the 1970s by the distinguished architect, the late Louis I. Kahn. For over 30 years, efforts to develop the Park had been unsuccessful.…

2Cases cited7 opinions

  1. Trustees of Dartmouth College v. WoodwardSupreme Court of the United States · 1819
  2. Kel Kim Corp. v. Central Markets, Inc.New York Court of Appeals · 1987
  3. Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
  4. Smithers v. St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2001
  5. Carroll v. GammermanAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by5 opinions

  1. Denbury Onshore, Llc and Denbury Resources Inc. N/K/A Denbury Inc. v. Apmtg Helium LlcWyoming Supreme Court · 2020
  2. 301 E. 60th St. LLC v. Competitive Solutions LLCAppellate Division of the Supreme Court of the State of New York · 2023
  3. LGC USA Holdings, Inc. v. Taly Diamonds, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. LMREC III Note Holder, Inc. v. Hudson EFT LLCDistrict Court, S.D. New York · 2022
  5. Ohr Somayach/Joseph Tanenbaum Educational Center v. Farleigh International LimitedDistrict Court, S.D. New York · 2020

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