More Oral Arguments on FreshDirect Case

Bronx Supreme Court

 

 

 

 

 

 

The community effort to challenge FreshDirect’s proposed move to the South Bronx continues! Still before the Court is the legal claim challenging the New York State Department of Transportation’s (DOT) approval of the sublease of public land to FreshDirect in violation of the State Constitution because the FreshDirect project eviscerates the public purpose of this state-owned land. Originally, Judge Brigantti-Hughes dismissed the claim on the grounds that the complaint alleged no DOT involvement in the conveyance to FreshDirect. However, after the Judge issued her opinion, facts became available to us establishing DOT’s involvement in the conveyance, thus providing us with the opportunity to seek permission to amend our complaint and move forward with our constitutional claim. Oral arguments on Monday, April 7, 2014, addressed the new facts showing DOT’s involvement in approving the FreshDirect project.

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