In a 2-1 decision, a three-judge panel of the appeals court sided with the city Law Department in interpreting an “unusually-worded” provision of state law, which states that no vendor “shall occupy more than eight linear feet of public space parallel to the curb” or ”occupy more than three linear feet to be measured from the curb toward the property line.”
According to court papers, the five men received a total of 298 summonses from the City Parks Enforcement Patrol for vending in front of the Metropolitan Museum of Art between 2011 and 2013.