Citizens Defending Libraries v. Marx

2014 WL2472103 (2014)

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Nature of the Case

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Facts

Citizens (P) is an unincorporated association of individuals and groups. They are dedicated to preserving public libraries. Marx (Ds) include the New York Public Library, Astor, Lenox, and Tilden Foundations plus the New York City Departments of Parks and Recreation (DOP) and others. Ps have a goal of preventing the demolition of an irreplaceable portion of the main branch of the New York Public Library (NYPL). Ps opposed what is called the Central Library Plan (CLP). NYPL resulted from the consolidation of three libraries into a single corporation in 1895. In 1978, NYPL and the City agreed to make no changes in the structure or improvements of the premises at issue in this suit without DOP’s approval. Under the CLP, D intends to gut the seven stories of iron and structural steel Stacks and remove the books and other materials to offsite storage in violation of NYPL’s charger. It will then sell off two of its branches and shoe-horn in those collections or a significantly reduced collection into the area formally occupied by the Stacks. Ps claim the demolition phase of CLP is near. Ps are claiming that Ds are in breach of contract and in contravention of the trusts as well as New York law and are also in violation of Ps’ rights and those of the general public for whom the NYPL was formed. Ps allege irreparable harm to those for whose benefit the Stacks were created. Ps seek an order permanently restraining any further demolition and mandating that Ds return all the books and materials that have been removed to the Stacks. Ps contend their likelihood of success on the merits is good because the City and Ds have breached the 1978 agreement with DOP to the detriment of Ps. Ds argue that Ps have no standing to bring a claim under the 1978 Agreement.