Judge Dismisses Seward Park Co-op Parking Garage Lawsuit

Clinton Street entrance - Seward Park Co-op's parking garage.

Clinton Street entrance – Seward Park Co-op’s parking garage.

A legal dispute at the Seward Park Cooperative over changes in the use of the residential complex’s parking garage ended yesterday when a state supreme court judge dismissed a lawsuit filed by residents against their own board of directors.

In March of 2016, the board voted to sign a contract with Icon Parking for management of an underground garage and surface parking lot at the large residential development on Grand Street. The change meant that 380 residents would lose their assigned parking spaces as the co-op moved to a valet parking model. Although no one lost their parking privileges, some residents were infuriated. Five of them filed a lawsuit, claiming that the board acted improperly.

In ruling yesterday, Judge Arthur Engoron granted the co-op’s motion for dismissal.  He found that the board fulfilled its obligation to provide notice to residents about the change and concluded that the board was authorized to make the parking garage decision on behalf of the 1700+ shareholders living within the Seward Park complex.

The lawsuit was brought by Jose Cruz, Mahmoud El Wardany, Deborah Finston, John Tomaszewski and Don West. The co-op board said it changed to the valet system to allow a larger number of residents to use the garage and to make  up a budget shortfall.

We have reached out to the residents’ group that sued the co-op. We’ll update this story when they respond.

Seward Park Garage Lawsuit- Decision by The Lo-Down on Scribd