Judge Tosses Lawsuit Meant to Stop Fresh Direct from Moving to The Bronx

DNAinfo

By Patrick Wall

BRONX SUPREME COURT — A judge has tossed a lawsuit meant to halt FreshDirect’s planned move to The Bronx, blunting a yearlong effort by local opponents to block the publicly subsidized project.

In a decision filed Friday, Bronx Supreme Court Justice Mary Ann Brigantti-Hughes rejected the petitioners’ argument that the city did not conduct a thorough review when it decided that FreshDirect’s proposed 500,000-square-foot facility in Port Morris would not harm the area.

She dismissed the lawsuit’s other claims on technical grounds.

While parts of the nearly $130 million public subsidy package offered to FreshDirect still need approval, and the petitioners could appeal the judge’s decision, her ruling represents a major victory for the online grocer and its backers. “I am thrilled to learn that the plaintiff’s legal efforts to thwart FreshDirect’s relocation to our borough have been stopped, and their lawsuit has been dismissed,” Bronx Borough President Ruben Diaz Jr. said in a statement.

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