A New Bodega…Really

The Villager reports:

State Supreme Court Justice Jane S. Solomon on Monday dismissed the lawsuit filed last year challenging the Department of Parks’ reconstruction of the pavilion at the north end of Union Square Park.

The dismissal means that the reconstruction of the pavilion, which is currently underway, can proceed and include the infrastructure for a seasonal restaurant.

Members of the Union Square Community Co-alition and NYC Park Advocates had sued to block the entire reconstruction of the north end of the park and the plaza north of the park, claiming that the city failed to comply with state environmental laws and city land-use procedure, and that preparing the pavilion for private use as a seasonal restaurant was an illegal alienation of public land.

Judge Solomon ruled on March 30 that all aspects of the rehabilitation project were in a category of actions that do not require any further environmental review than was already conducted by the Parks Department.

The judge ruled also that the alienation claim was “not ripe” because a final determination of the use of the pavilion is subject to further administrative action — namely a request for proposals, or R.F.P., from private concessionaires to operate a restaurant. At the same time, the judge found that the zoning and land-use procedure issues were also “not ripe” because they rest on allegations that the operation of a restaurant would relinquish control of the park.

Nevertheless, she held that the plaintiffs would have the right to file a lawsuit later in the process.

Solomon said that operating an eating establishment in the park is consistent with public purpose, noting that the area around the pavilion, now being converted into an expanded playground, was previously used as the outdoor restaurant Luna Park Cafe. But she also said that not all restaurants in city parks would necessarily be permissible.

Parks Commissioner Adrian Benepe hailed the verdict, saying, “We are gratified at the court’s decision to allow us to continue the restoration of Union Square Park’s historic pavilion with public space and a seasonal concession. The pavilion is part of the Union Square Park’s north-end renovation, which includes a playground three times larger than previously, a restored plaza and many more trees.

Looks like Popeye’s Fried Chicken may take over the former Foot Locker site on East 14th St. just west of Union Square. Another new aroma for the neighborhood.

Perhaps looking east at the southeast corner of the square, where 14th St. hits Union Square East? Before the statue of Washington was moved to its present location?

Here’s the menu for the upcoming Nanoosh hummus joint on University Place.  Healthy!

The Times reports that Jackson Diner on University Place will be replaced by Nix, a high-end vegetarian restaurant. Gentrification by carrots.

Here’s the update: 

Since Best Buy is constantly looking to build on its existing culture of innovation and tailor its stores to the needs of local customers, the electronic retail powerhouse figures, “Heck, why not open a 24-hour spot down there in New York City’s Union Square?” That’s right, Best Buy’s CEO Brian Dunn announced today that a 24-hour, 48,000 square-foot location (the old Circuit City) will open its doors at the corner of 14th Street and 4th Avenue, the heart of historic “please don’t run into me with your skateboard” Union Square, on Nov. 13. Dunn explained, “Today’s consumers have hectic lifestyles that don’t always conform to traditional retail hours. New York has long been known as the city that never sleeps.” Ye —people are lying awake at night, wishing they had a Golden Girls DVD or an Epson scanner! (Sorry, Virgin Megastore.) Maybe people really are looking to shop after 10 p.m.—the 24-hour 5th Avenue Apple Store is doing well. And there’s always the possibility of making a night of it with a bite to eat at the soon-to-come TGI Friday’s. The new location will be open each week from 8 a.m. on Monday through 12 a.m. on Sunday, re-opening for regular Sunday hours of 10 a.m. to 8 p.m.