Judge Gives City Permission to Empty Essex Street Market Stall (Updated 9/5)
Here’s an update on the legal skirmish between a longtime Essex Street Market vendor and her former landlord, the City of New York. Last September, the NYC Economic Development Corp. (EDC), declined to renew the permit for Three Brothers Clothing. But the owner, Carmen Salvador, took the EDC and the city’s Department of Small Business Services to court, arguing the agencies were in violation of the Americans with Disabilities Act and state laws.
A state supreme court judge has now denied a preliminary injunction, which would have allowed Salvador to operate her business while the case is being decided. The ruling stated that she has until the end of business on Friday to remove items from the stall, located on the north end of the market. One of Salvador’s attorneys, Maia Goodell of Manhattan Legal Services, said her client is weighing her options before deciding whether to continue the case. Salvador operated her stall in the market for 20 years.
Last November, Salvador told us she suffered from several medical conditions, including respiratory and thyroid problems and hypertension. While she contended that market management knew about absences related to the illnesses, city officials argued they were not properly notified and did not approve the absences. The judge ruled that Salvador did not provide sufficient compelling evidence to warrant a preliminary injunction.
We contacted the EDC earlier today with a response. We’ll update this story if and when they reply.
UPDATED 9/5: The city has declined to comment regarding the lawsuit. We have been told that Salvador’s out date has been extended. She has until September 19 to clear her Essex Street Market stall.