United States District Court for the Southern District of New York

ON FEBURARY 18, 2025 a federal lawsuit was filed to protect the Garden under the Visual Artists Rights Act (VARA). This legal action seeks to secure the Garden’s status as an irreplaceable physical and social sculpture, integral to New York City’s cultural and environmental landscape.

FEBRUARY 18

• Complaint

New York State Court of Appeals

ON SEPTEMBER 28, 2023 THE APPELLATE DIVISION OF THE NY STATE SUPREME COURT GRANTED ESG LEAVE TO APPEAL TO THE COURT OF APPEALS.

On June 18, 2024 the court of appeals ruled 6-1 against the garden.

New York State Supreme Court Appellate Division

ON NOVEMBER 1, 2022 ESG WON OUR LAWSUIT FILED IN THE NY STATE SUPREME COURT. BUT THE FIGHT ISN’T OVER AND THE CITY IS APPEALING THE JUDGE’S DECISION.

ON MARCH 20, 2023 ESG FILED OUR RESPONSE TO THE CITY’S APPEAL AND OUR OWN CROSS-APPEAL OF THE JUDGE’S DECISION.

ON APRIL 28, 2023 ESG FILED OUR REPLY BRIEF IN RESPONSE TO THE CITY’S RESPONSE. COUNCILMEMBER CHRISTOPHER MARTE FILED AN AMICUS BRIEF IN SUPPORT OF ESG’S CASE.

ON JUNE 27, 2023 THE APPELLATE DIVISION OF THE STATE SUPREME COURT UNANIMOUSLY RULED AGAINST THE GARDEN.

esg legal papers

New York State Supreme Court

ON MARCH 5, 2019 ESG FILED A LAWSUIT AGAINST THE CITY OF NEW YORK AND THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (HPD) CHALLENGING THEIR ACTIONS REGARDING ENVIRONMENTAL QUALITY REVIEW OF THE PROPOSAL TO DESTROY AND DEVELOP ELIZABETH STREET GARDEN

ON AUGUST 16, 2019 ESG FILED ADDITIONAL PAPERS

ON NOVEMBER 5, 2019 ESG FILED RESPONSE PAPERS.

esg legal papers