The bid by two neighborhood associations to eliminate a bike lane in Brooklyn has fallen afoul of the statute of limitations. The court challenge to the .9-mile Prospect Park West bikeway by Seniors for Safety, Neighbors for Better Bike Lanes and their respective presidents was dismissed by Brooklyn Supreme Court Justice Bert A. Bunyan (See Profile) on Monday. In Seniors for Safety v. New York City Department of Transportation, 5210-2011, Justice Bunyan wrote, “The statute of limitations expired, at the latest, in November 2010, at which point no further event needed to take place in order for petitioners to claim to be aggrieved by the bikeway’s presence.” The decision, however, ordered the city to turn over documents to the groups under a Freedom of Information Act request.
In a statement, New York City Corporation Counsel Michael A. Cardozo said “we are very pleased that the Court rejected the petitioners’ challenge. The bike path enhances the local community, helps mitigate speeding on Prospect Park West, and makes the road safer and more accessible venue for everyone.” Jim Walden of Gibson Dunn & Crutcher, who represents the plaintiffs pro bono, noted in a statement that the action was dismissed without prejudice. “Although we respectfully disagree with the Court’s determination on the statute of limitations, we will need time to review his comprehensive analysis before deciding on our options,” he said.