Arts Group Drops Eviction Suit Against ‘Little Patriots’ — For Now

The arts venue seeking to evict the “little patriots” of the Upper East Side are halting their lawsuit against a youth cadet corps, the Knickerbocker Greys, for the time being while powers in Albany weigh in on the conflict.The Park Avenue Armory Conservancy has sought to evict the Greys, a tenant of the historic Park Avenue armory for 120 years, since last spring. The Greys claim to be America’s oldest after-school program, drilling and training middle school and high school-aged children. The group boasts distinguished alumni including Mayor Lindsay, Vice President Rockefeller, and Douglas Fairbanks, Jr. The Armory Conservancy began leasing the armory from the state in 2006. Last spring, the Conservancy demanded the Greys vacate the premises by June of this year. The Conservancy then filed an eviction suit in September against the Greys in Manhattan civil court.Representatives of the Greys received notice that the lawsuit was being voluntarily discontinued on Friday evening.The Greys anticipate that the Conservancy is likely to refile its suit in the coming weeks. The notice stated that “this discontinuance is not to be construed as any statement of fact concerning the merits of this matter and is solely intended to address the Court’s concerns regarding procedural issues.”At a hearing last month, Judge Hilary Gingold noted that the eviction lawsuit would not be as easy the Conservancy had hoped.“What you think is going to happen and what is going to happen are two different things,” she told the arts group, noting concerns with how the Greys were notified about the lawsuit.Representatives for the Greys said they only received the cover letter to the lawsuit on October 17 without the rest of the suit documents. They alleged “improper service” of the court document because they could not access their mailbox in the Armory, due to the ongoing dispute.The law firm representing the Armory, Rosenberg and Estis, did not respond to a request for comment. Meanwhile, the state is weighing in on who exactly has and should have rights to the Armory space. A new letter to the Greys’ board president from the New York Division of Military and Naval Affairs headquarters dismissed the Greys’ claims to the space. The general counsel of the state’s military operations, Kevin Getnick, said the Division of Military and Naval Affairs ceased granting access to the Greys in 2006, when the Conservancy took over the space. The Conservancy, Mr. Getnick wrote, “has the authority to set all rules and regulations” for the use of the space, citing a 2006 letter from the Division of Military and Naval Affairs to the Greys. The Conservancy’s lease “creates no obligation to provide access or space to the Greys.”A Division of Military and Naval Affairs spokesman confirmed that the letter had been sent but declined to comment further on the agency’s position in the dispute.Speaking on behalf of the Greys, lawyer Howard Rogatnick called the newest letter from the Division of Military and Naval Affairs “a much belated effort to explain a document that may or may not be of relevance.” Mr. Rogatnick is the husband of the president of the Greys’ board, Adrienne Rogatnick.In the legislature, a state senator, Elizabeth Krueger, intends to introduce legislation that would allow the Greys to remain at the armory — over the protests of the Conservancy.“I’m prepared to move forward to push a legislative solution that will protect a much-loved neighborhood institution from being evicted,” Ms. Krueger said in a statement, noting that she hopes a non-legislative solution can be found. While the state and the legislature weigh potential action, Governor Hochul has not commented on the issue — despite pressure from the local community board.The Upper East Side community board whose jurisdiction includes the armory committed at a meeting on Wednesday to following up with Ms. Hochul on behalf of the Greys.The community board had previously written to Ms. Hochul but received no response. A new letter will be circulated in an effort to ensure the governor sees the community board’s resolution passed in favor of the Greys, demanding the Armory be stripped of funding until a solution is found.Ms. Hochul’s office did not immediately respond to a request for comment.

Arts Group Drops Eviction Suit Against ‘Little Patriots’ — For Now

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