exhibits 15-17 to order to show cause

7/28/2019 Exhibits 15-17 to Order To Show Cause

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E xhibit 15


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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORKCITIZENS DEFENDING LIBRARIES,EDMUND MORRIS, ANNALYN SWAN, :STANLEY N. KATZ, THOMAS BENDER,:DAVID NASAW , JOAN W. SCOTT,CYNTHIA M . PYLE, CBRISTABELGOUG H, and BLANCHE W EISENCOOK, Plaintiffs, Index No.:- against -OMPLAINTDR. ANTHONY W . MARX , NEIL L.RUDENSTINE, BOARD OF TRUSTEES :OF THE NEW YORK PUBLIC LIBRARY, :NEW Y ORK PUBLIC LIBRARY, ASTOR, :LENOX AND TILDEN FOUNDATIONS, :MICHAEL R. BLOOMBERG,VERONICA WHITE, NEW YORK CITY :DEPARTMENT OF PARKS ANDRECREATION, CITY OF NEW YORK,ROBERT SILMAN ASSOCIATES,P.C., and JOSEPH TORTORELL A,

Defendants.-and-

STATE OF NEW YORK, NEW YORKSTATE OFFICE OF PARKS,RECREATION & H ISTORICPRESERVATION (NEW YORKSTATE HISTORIC PRESERVATIONOFFICE),

Nominal Defendants. :xPlaintiffs Citizens Defend ing Libraries, Edmund Mo rris, Annalyn Sw an, Stanley N. Katz,

Thomas B ender, David Nasaw, Joan W . Scott, Cynthia M. P yle, Christabel Gough, and Blanche


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Weisen C ook (collectively, the "Coalition"), by and through their attorneys, Weiss & H iller, PC, asand for their com plaint herein, allege and state as follows:

PRELIMINARY STATEMENT1. This is an action for injunctive relief. Plaintiffs comprise a coalition of aggrieved

historic preservationists, Pulitzer Prize-winning authors, N ational Book Award winners, scholars,professors, lecturers, writers, researchers, and concerned citizens, who seek to protect fromdemolition an irreplaceable portion of the main branch of the New York Public Library, located inManhattan between 40th and 42nd Streets along Fifth Avenue and adjacent to Bryant Park (the"Central Library"). In particular, the C oalition seeks to prevent the destruction of seven stories ofiron and structural steel book stacks at the C entral Library (the "S tacks"), as well as the continuingand resultant offsite displacement of m illions of book s to rem ote storage facilities, as part of a librarybranch sell-off, consolidation, and space-shrinkage project known as the Central Library Plan("CLP").

2. Upon information and belief; the dem olition phase of the C LP (and perhaps additionalwork) is about to be implemented at the C entral Library surreptitiously by the N ew Y ork PublicLibrary, Astor, Lenox and Tilden Founda tions ("NYPL"), in violation of a certain binding agreementto which the NYPL is a party, in contravention of the various trusts and indentures upon which theNYP L w as founded, in derogation of New York law, and in violation of the C oalition's rights andthose of the general public, for whose benefit the NYPL was established.

3. Not only are the Stacks among the most important early examples of a highlyinnovative book storage system, but they simultaneously serve as part of the structural skeleton ofthe Central Library. The seven-story network of iron and steel Stacks structurally support the floor

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of the historic Rose Read ing Room , which is situated directly above them . Remova l of the Stacks,and the offsite displacement of the ma terials they hold, threatens to endanger the C entral Library'sstatus as one of the world's leading research facilities, and irrevocably alter the architectural integrityof the Central Library, a New Y ork City Landm ark and a National Historic Landm ark.

4. Although the N YPL continually characterizes its plans as preliminary, the defendantNY PL B oard of Trustees and its constituent mem bers ("Board of Trustees") have been pressing tostart dem olition.

5. NYPL has applied for, and received from the New York City Department ofBuildings ("DOB"), no fewer than seven building p imits since June 4, 2013, including one suchpermit allowing defendant Robert Silman Associates, P.C. ("Silman PC"), the lead structuralengineering firm retained by the NY PL, inter alia, to remove the Stacks, to make "STRUCTU RALMODIFICATIONS INCLUDING STEEL LINTELED OPENINGS AS SHOW N ON PLANS FILEDHERE W ITH FOR E ARLY W ORK P HASE 1B" (Job No. 1213334798), and another on or aboutJune 20, 2013, permitting Silman PC to make "STRUCTURAL MODIFICATIONS,INTERVENTION AND SHORING AS SHOWN ON PLAN S FILED HEREWITH FOR EARLYW ORK PH ASE 1A" (Job No. 121234789).

6. If the Stacks were to be removed and the books permanently displaced from theCentral Library, the me mbe rs of the public, including researchers, scholars, authors, students andothers for whose benefit the NYPL was created, would be irreparably harmed. Accordingly, theCoalition has no choice but to com mence this action and seek the injunctive relief requested herein.

7. As reflected below, the Coalition pleads four causes of action: (i) breach of a certain"1978 Agreement" (hereinafter defined) which expressly prohibits structural alteration of the Central

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Library and which further requires the NYPL and City "to protect and preserve the historicalintegrity of features, materials, appearance, workmanship and environment" of the Central Library;"(ii) breach of m ultiple trust agreemen ts and statutes which expressly prohibit the removal of boo ksfrom the Central Library; (iii) breach of fiduciary duty committed by the defendant Board ofTrustees; and (iv) negligence. All four causes of action seek injunctive relief in an effort to preventsevere and irreparable harm.

THE PARTIES

Plaintiffs8. Plaintiff Citizens Defending Libraries is, and at all relevant times has been, an

unincorporated association of individuals and group s, operating and existing in the City and Stateof New Y ork, who are dedicated to the support, maintenance, and preservation of one of New YorkCity's most precious resources -- public libraries ("Citizens"). Citizens counts am ong its m embersscholars, researchers, authors, teachers, university professors, parents, students and other concernedindividuals who num ber in the thousands, many o f whom regularly.use and depend upon, inte r alia,the NY PL an d, in particular, the Central Library, for research and related pursuits.

9. Plaintiff Edmund M orris maintains a residence in the County and State of New York.Mr. Mon is is, and at all relevant times has been, a world-acclaimed author and scholar. He haswritten six books and, in 1980, Mr. Moths w on the Pulitzer Prize and the National Book A ward forBiography for The R ise of Theodore R oosevelt, the first volume o f what w ould eventually becomea trilogy on the life of Am erica's 26th President. In 1985, President Ronald Rea gan appo inted Mr.Morris as his official biographer, whereupon Mr. M orris spent the better part of the next 14 yearsresearching and w riting the story o f President Reagan' s life, culminating with the publication in 1999

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o f Dutch: A Memoir of Ronald Reagan. Theodore Rex, the second volume o f the Roo sevelt trilogy,followed publication of Dutch and won the Los Angeles Times Boo k Prize for Biography in 2002.Several additional works, including Beethoven: The Universal Composer, a short biography, andColonel Roosevelt, the final book in the Ro osevelt trilogy, follow ed. For many years, Mr. Mo rrishas been a regular visitor to the C entral Library, where he has made extensive use o f the researchfacilities, including particularly, the books housed in the Stacks. The removal of the Stacks and thebooks therefrom, presumably in preparation for the alterations, has already interfered with Mr.Morris's scholarly pursuits and prevented his use of the Central Library as an effective researchinstitution, and on an ongo ing basis continues to do so .

10.laintiff Annalyn Swan is, and at all relevant times has been, a citizen and residentof the County and State of New York. Ms. Swan is, and at all relevant times has been, a biographer,critic and editor. She is currently teaching a course e ntitled "Life W riting: The Art o f Bio graphy."A fo rmer senior arts editor of Newsweek , she is the author, with the art critic Mark Stevens, of deKooning: An American Master, the 2005 Pulitzer Prize-winning biography o f the artist Willem deKo oning. The book also w on The N ational Book Critics Circle Prize for B iography, the Los A ngelesTimes Biography Award, and was named one of the 10 best books o f 2005 by The New Y ork T im es.She and M r. Stevens are currently at wo rk on a biography o f the British painter Francis Baco n, tobe published in the United States by Knopf and in the United Kingdom by Harper Collins Ms. Swanhas been a regular visitor to the Central Library, where she has made e xtensive use of the researchfacilities, including particularly, the books housed in the Stacks. The removal of the Stacks and thebooks therefrom, presumably in preparation for the alterations, has already interfered with Ms.Swan's scholarly pursuits and prevented her use of the Central Library as an effective research

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institution, and on an ongoing basis continues to do so.11. Plaintiff Stanley N . Katz is President Emeritus of the Am erican Council of Learned

Societies, the national hum anities organization in the United States. Dr. K atz graduated magna cumlaude from Harvard University in 1955 with a major in English History and Literature. He wastrained in B ritish and A merican history at Harvard (Ph.D., 1961 ), where he also attended law schoolin 1969 -70. His recent research focuses upon the relationship of civil society and con stitutionalismto demo cracy, and upon the relationship of the United States to international human rights. He isthe Editor-in-Chief of the recently pub lished Oxford International Encyclopedia of Legal History,and the Editor of The Oliver Wendell Holmes Devise History of the United States Supreme Court.He also w rites about higher education policy, and has published a blog for the Chronicle of HigherEducation. Although residing in Princeton, New Jersey, Dr. Katz has been a visitor of the CentralLibrary since 1957 (or for more than fifty years), where he h as made extensive use of its researchfacilities, including particularly, the books housed in the S tacks. The remov al of the S tacks and thebooks therefrom, presumably in preparation for the alterations, promises to interfere with Dr. Katz'sscholarly pursuits and to preve nt his use of the Cen tral Library as an effe ctive research institution.

12. Plaintiff Professor Thomas Bender is, and at all relevant times has been, a citizen andresident of the County and S tate of New York. Pro fessor Bend er is, and at all relevant times hasbeen, a University Professor of the Humanities at New York University, where he serves as anintellectual and cultural historian focusing on the United States. He has written over 10 books andmu ltiple articles for scholarly journals. Over the years, he has also written for various ma gazinesand newspapers, including The New Y ork Times, The Nation, Los Angeles Times, Chronicle ofHigher Education, New sday, S ky line, and Democracy. The C entral Library has been a core resource

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for Professor Bend er throughout his professional life. Four of his books w ere especially reliant onit: Tow ard an Urban V ision; New Y ork Intellect: A History of Intellectual life in N ew Y ork, from1750 to the Beginnings of Our Own T ime; The Unf inished City: N ew Y ork and the M etropolitanIdea; and A N ation A m ong N ations: A m erica's Place in W orld History. Professor Bender has alsobeen a Fellow at the Central Library's remarkable Cullman Center for Writers and Scholars. Theremoval of the Stacks and the books therefrom, presumably in preparation for the alterations,promises to interfere with Professor Bender's scholarly pursuits, and to prevent his use of the CentralLibrary as an effective research institution.

13 .laintiff Professor Dav id Nasaw is, and at all relevant times has been, an A mericanauthor, biographer and historian who specializes in the cultural and social history of Early 20thCentury Am erica. Professor Nasaw is on the faculty of the Graduate Ce nter of the City Universityof New York ("C UNY "), where he is the Arthur M . Schlesinger, Jr. Professor of History. In additionto writing numerous scholarly and popular books, Professor Nasaw has written for many publicationsincluding the Columbia Journalism Review, American Historical Review, American Heritage,Dissent, The N ew Y orker, The N ew Y ork Times, The W all Street Journal, Slate, The London R eviewof Books , and Conde Nast Traveler. He has appeared in several film documentaries, includingAmerica 1900 and two episodes of the History Channel's April 2006 miniseries, 10 Days ThatUnex pectedly Changed A m erica: "The Homestead Strike" and "The Assassination of PresidentMc Kinley." Professor Nasaw is a two-time Pulitzer Prize finalist and has been cited extensively bythe United States and British media as an expert on the history of popular entertainment and the newsmedia. Professor Nasaw has been a regular visitor to the Central Library, where he has madeextensive use of its research facilities, including particularly, the books housed in the Stacks. In

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addition, the doctoral students enrolled in Professor Nasaw's classes at the CUNY Graduate Centerare regularly assigned to conduct research at the NYP L. Removal of the Stacks and the books andother resource m aterials from the C entral Library, presumab ly in preparation for the alterations,would impede Professor Nasaw 's future research and prevent his use of the C entral Library as aneffective research institution. Removal of the Stacks and the books therefrom also threatens tointerfere with Professor Nasaw pedagogically, as it would impair his students' access to the researchwhich m ay be ne cessary to their scholarly pursuits.

14. Plaintiff Professor Joan W . Scott is Harold Linder Professor in the Sc hool of SocialScience at the Institute for Advanced Study located in Princeton, New Jersey. She was appointedto the Institute in 1985. Before that, she was Nancy Duke Lewis University Professor and Professorof History at Brown University, where she w as the Founding Director of the Pembroke C enter forTeaching and Research on Women. A historian by training, Professor Scott has written many booksand essays, in the fields of Feminist Theory, Modem French History and Women's History,including T he Politics of the V eil. Several of her books have been awarded prizes by the AmericanHistorical Association, and have been translated into many languages, including French, Japanese,Turkish, Korean, Spanish, Bulgarian and Albanian. Born in Brooklyn, New York, and raised in thepublic library system of the C ity, she now lives in Princeton, New Jersey. The rem oval of the Stacksand the books therefrom, presumably in preparation for the alterations, has already interfered w ithProfessor Scott's scholarly pursuits and prevented her use of the Central Library as an effectiveresearch institution, and continues to do so.

15. Plaintiff Cynthia Munro Pyle is, and at all relevant times has been, a citizen andresident of the County and State of New York. Dr. Pyle is, and at all relevant times has been, an

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intellectual and cultural historian, having received a Ph.D. from Columbia U niversity, and havingresearched and written books, including Das T ierbuch des Petrus Candidus. Eine Einf uhrung, whichsubsequently was translated into Italian and Spanish, and M ilan and Lom bardy in the Renaissance:Essays in Cultural History, as w ell as multiple articles for scholarly journals. Dr. Pyle has w orkedin biological laboratories and participated in research projects at Harvard University and theMassachusetts Institute of Technology. From 1988 to 1993, Dr. Pyle founded and ran theRenaissance Studies Program a t the Graduate Center of CUN Y. For many ye ars, Dr. Pyle has beena regular visitor to the Cen tral Library, where she has m ade extensive use of the research facilities,including particularly, the books housed in the Stacks. The removal of the Stacks and the bookstherefrom, presumably in preparation for the alterations, has interfered with Dr. Pyle's scholarlypursuits over the past several years, and increasingly over the past year, has preve nted her use of theCentral Library as a n effective research institution.

16. PlaintiffChristabel Gough is, and at all relevant times has been, a citizen and residentof the County and State of N ew Y ork. Ms. Gough serves as Secretary of the Society for Architectureof the City, an all-volunteer historic preservation advoc acy group , and has regularly used the CentralLibrary for more than 50 ye ars. Ms. Gough was shock ed recently to learn that a collection of booksupon w hich she relies regularly w as moved to off-site storage in preparation for demolition of theStacks, as part of the CLI3 . The removal of the Stacks and the books therefrom, presumably inpreparation for the alterations, has already interfered with Ms. G ough's use and enjoyme nt of theCentral Library, and on an ongoing basis continues to do so.

17. Plaintiff Dr. B lanche W eisen Cook is, and at all relevant times has been, a residentof the State and City of New York. She received her Bachelor of Arts from H unter, and her Masters

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and Ph.D. from Johns Hopkins She is currently a Distinguished Professor of History and Women'sStudies at John Jay College of Criminal Justice and the Graduate Center of CUNY. ProfessorWeis en Cook ha s written three books: Eleanor Roosevelt, Volume I, 1884-1933 (Viking, Penguin);Eleanor Roosevelt, V olume II, 1933-1938 (Viking, Penguin, and Bloombury UK); and T heDeclassified Eisenhower: A Divided Legacy of Peace and Political Warfare (Doubleday, Penguin).Professor Weisen Cook has also served as an editor and/or contributor on an other four books, andauthored app roximately 40 articles during 1 -_?,r storied career as a scholar and author. ProfessorWeisen Cook has used the books shelved in the Stacks, as well as the Rose Reading Room,

throughout her life. The rem oval of the Stacks and the books therefrom , presumably in preparationfor the alterations, has already interfered with Professor Weisen Cook's scholarly pursuits andprevented her use of the Central Library as an effective research institution, and on an ongoing basiscontinues to do so.Defendants

18. Defendant NYPL is, and at all relevant times has been, a private foundation formallyknown as the "New York Pub lic Library, Astor, Lenox and Tilden Foundations." The N YPL is theproduct of the consolidation of three libraries -- the Astor Library, the Lenox Library, and the TildenTrust -- into a single corporation, pursuant to the terms of a form al Agreem ent of C onsolidation,dated May 23, 1895 (the "Agreement of Consolidation") (Exh. 1).

19. Pursuant to a certain Lease and Agreement dated D ecember 8, 1897 (the "Lease")(Exh. 2), the NY PL occupies, and at all relevant times has occupied, the Central Library, where thecollections of the three consolidated libraries are to be m aintained and adm inistered.

20. Upon information and belief, defendant Dr. Anthony W. Marx ("Dr. Marx") is, and

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at all relevant times has been, a citizen of the State of N ew Y ork, working in association with theNYPL in the County of New York.

21. Dr. Marx is, and since 2011 has be en, President and Chief Executive Officer of theNYPL. Upon information and belief, Dr. Marx supervises all of the NYPL's operations, andparticipated in the creation and und ertaking of the CLP , including, without limitation, the imminentdem olition and elimination of the Stacks.

22. Defendant B oard of Trustees is responsible to ensure NYPL 's compliance with, andadherence to, the terms and conditions of the various trust resolutions pursuant to which the

consolidated NY PL corporation was formed.23. Upon inform ation and belief, defendant Neil L. Rudenstine ("M r. Rudenstine") is,

and at all relevant time s has been, a citizen of the State of New Y ork, working in association withthe NYPL in the County of New York. Mr. Rudenstine is, and since 2011 has been, Chairman ofthe Board of Trustees. As such, Mr. Rudenstine is responsible to ensure NY PL's compliance with,and adherenc e to, the terms and conditions of the various trust resolutions pursuant to w hich theconsolidated NYPL corporation was formed.

24. Upon information and belief, Mr. Rudenstine supervises the Board of Trustees, andhas participated in the conception, creation and undertaking of the CLP, including, withoutlimitation, the imminent dem olition of the Stacks and the ongoing rem oval of the books.

25. Defendant New York City Department of Parks and Recreation ("NYC DO P") is aCity governmental agency that exists pursuant to Chapter 21, 531 of the City Charter (the"Charter").

26. The NY C D OP h as the duty and responsibility, among other things, to review any

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proposed alterations or mo difications to the Cen tral Library, including, inter alia, under Charter, Ch.21, 533(a) and 56 New York C ode, Rules and Regu lations 1-05(o).

27. Upon information and belief; NYC DO P has yet to complete a review of the CLP asit relates to demo lition of the Stacks and rem oval of the books.

28. Upon information and belief, the NYC DOP has yet to issue any approvals withregard to dem olition of the Stacks and removal of the books.

29. Defendant Veronica White is Commissioner of defendant NYC DOP. As such,Commissioner White has the authority and the duty to supervise and direct the functions and

activities of the NYC DOP with respect to the NYPL and the CL P, and in accordance with the lawsof the City and State of New Y ork.

30. Defendant Michael R. Bloomberg is Mayor of the City of New York, havingresponsibility for overseeing and adm inistering the public affairs and pub lic lands within its fiveboroughs, including all governmental and public administrative oversight.

31. Defendant C ity of New Y ork is a governmental body charged w ith responsibility foroverseeing and administering the public affairs and public lands within its five boroughs, includingall governmen tal and public adm inistrative oversight.

32. Defendant C ity of New Y ork is the owner of the Central Library building, subject tothe Lease with the NYPL.

33. Upon inform ation and belief, defendant Silman PC is, and at all relevant times hasbeen, a professional corporation organized and existing under the laws of the State of N ew Y ork,with a principal place of business located at 88 University Place, New York, New York.

34. Upon infounation and belief; Silman PC is, and at all relevant times has been,

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engaged in the b usiness of structural engineering.35. Upon information and belief, Sihnan PC has been engaged by the NYPL in

connection with the CLP, to perform engineering and construction-related services, including,without limitation, the dem olition of the Stacks and rem oval of the books.

36. Defendant Joseph Tortorella ("Mr. Tortorella") is, and at all relevant times has been,a citizen of the State of New York, working in association with Sihnan PC in New York.

37. Upon inform ation and belief, Mr. Tortorella is, and at all relevant times has be en,President of Silman PC.

38. Upon information and belief, Mr. Tortorella has participated in the conception,creation and un dertaking of the C LP, including, without limitation, the imminent de molition of theStacks and the ongoing removal of the books.

39. On behalf of Silman PC and the N YPL, M r. Tortorella applied for and obtained thosecertain building permits dated June 4, 2013, and June 20, 2013, allowing the NYPL and Silman PCto make "STRUCTURAL MO DIFICATIONS INCLUDING STEEL LINTELED OPENINGS ASSHOWN ON PLANS FILED [WITH THE DOB] FOR EARLY WORK PHASE 1B" (Job No.1213334798), and "STRUCTURAL M OD IFICATIONS, INTERVENTION A ND SHO RING ASSHOWN ON PLANS FILED [WITH THE DOB] FOR EARLY WORK. PHASE IA" (Job No.121234789), respectively.

40. Nominal defendant New York State Office of Parks, Recreation & HistoricPreservation ("PAR KS") is a State governm ental agency responsible for the review and approval ofconstruction projects affecting landmarked properties such as the C entral Library, under 106 of theNational Historic Preservation Act of 1966 and 14.09 of the State Historic Preservation Act of

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1980.41. PAR KS is party to a contract, dated June 2, 1978 with the NYPL and the City (the

"1978 Agreement") (Exh. 3), pursuant to which the NYPL and the City agreed: (1) "to make nochanges in the structure or improvements of said premises or additions thereto without the priorapproval of PARKS" (Exh. 3 7); and (ii) "to protect and preserve the historical integrity of features,materials, appearance, workmanship and environment" of the Central Library (Exh. 3 4) (discussedin greater de tail, infra).

42. The Stacks constitute a com ponent of the Central Library's internal structure.43. Upon inform ation and belief, PARK S has not approved any chang es in the structure

or any construction related to removal of the Stack s.44. Nom inal defendant New York State Historic Preservation Office ("SHPO") is the

bureau of PARKS directly responsible for the review and evaluation of construction projectsaffecting landmark ed properties such as the Central Library. Upon inform ation and belief, RE POhas yet to complete a review and evaluation of any changes in the structure or any constructionrelated to rem oval of the Stacks as contemplated by the CL P.

VENUE45. Venue is proper pursuant to CPL R 50 3(a)-(c), 504(3), and 507, as the county in

which: (i) m ost plaintiffs reside; (ii) the defendant trustee w as appointed; (iii) the principal officesof the NY PL and Silm an PC are located; (iv) the cause of action arose; and (v) the C entral Libraryis situated.

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FACTS RELEVANT TO ALL CLAIMSThe Three Library Com panies

46. Prior to entering into the Agreem ent of Consolidation in May 1895, three corporateentities known as "The Trustees of the Astor Library," "The Trustees of the L enox L ibrary," and"The Tilden Trust," respectively (collectively, the "Three Library Companies"), were separatelyincorporated and "organized as library companies for the purpose of carrying on libraries in the Cityand Co unty of New York" (Agreement of Consolidation, Fourth Recital) (Exh. 1).

47. Prior to their consolidation into the NYPL, each of the Three Library Companies wassubject to resolutions intended to ensure the promotion of the several objects and purposes set forthin each of their respective acts of incorporation (Agreement of Consolidation, Paragraph Second)(Exh. 1).

48. Pursuant to the Agreement of Consolidation, the Three Library Companies wereconsolidated into a single corporation, thereby forming the N YPL (Exh. 1).

49. Upon consolidation of the Three Library Companies into the NYPL, each of theseveral objects and purposes set forth in each of their respective acts of incorpo ration was carriedover into the NYPL, to be observed and maintained by its Board of Trustees (Agreement ofConsolidation, Paragraph Secon d) (Exh. 1).The As tor L ibrary

50. The entity, "The Trustees of the A stor Library," was incorporated by State A ct onJanuary 18, 1849 (Exh. 1, First Recital), with the endowment of the late John Jacob Astor, whodesired, as expressed in his will, "to render a public benefit to the City of New York" by the"establishment of a Public Library to be accessible at all reasonable hours and times, for general use,

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free of expense to pe rsons resorting thereto" (New York Pu blic Library Bulletin, Vol. I, No. 1, p. 3)(the "NYPL Bulletin") (Exh. 4).'

51. The Trustees of the A stor Library, at a very early period in the corporation's history,"expressed their conviction 'that not only the convenience of the public, but the preservation andsafety of the library absolutely demanded, that the books should not be lent out or taken from thelibrary building. under any circumstances. In a library of reference. intended for students, properlyeconomical of time, and often coming from a distance for consultation, the necessity for every bookrequired being always ready for examination without delay. must be apparent" (NYPL Bulletin, I.1,4; emphasis added) (the "Conviction").

52. In a report made to the Legislature of the State of New York in 1858, the AstorLibrary Trustees reiterated their Conviction, and further stated that they had "deem ed it proper andnecessary to preve nt any further agitation of the subject by entering on their records a stipulationexpressing those views in such a form as to furnish a pledge, not only to the public, but to everyfriend of learning, who may here after feel disposed to aid the library by donations or endowmen ts"(NYP L B ulletin, I.1, 5; emphasis added).

53. A reference to the minutes of the Astor Library Trustees shows that this pledge, interalia, to the public, was ado pted at their meeting on Ju ly 29, 1857, in the following term s:

Mr. [W illiam B.] As tor stated that the donations by him made, and some intende d tobe hereafter made, were on the understanding that it was the settled and unchan geablebasis of administering the Library, that its contents should remain in the Libraryrooms, for use by readers there. and should not be lent out or allowed to be takenfrom the rooms; and he requested that the views of the Board be freely and fully

'Since the NYP L B ulletin is 368 pages in length, only the pertinent pages therefrom a reannexed hereto collectively as Exh. 4.

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expressed. It was thereupon resolved, that the settled and unchangeable plan ofadministering the Library is the one above e xpressed by M r. Astor; and the donationsin money, land and otherwise, received from M r. Astor, and to be hereafter receivedfrom him , and from o ther friends of learning, are received and w ill be adm inisteredaccording to such plan, and not o therwise (NYPL Bulletin, I.1, 5) (emphasis added).54. The NYP L B ullet in, which was prepared un der the direct ion of the NY PL's then-

Board of Trustees, refers to the foregoing "settled and unchangeable plan of administering theLibrary" as the sole purpose to which the larger portion of the A stor endowmen ts must be devoted:

Upon these term s, therefore, the larger part of the endowm ents of the Astor Librarywere expressly received .... To that purpose alone could their funds be rightfullydevoted" (NY PL B ulletin I.1, 5) (emphasis added).

The L enox Library55. The entity, "The Trustees of the Lenox L ibrary," was incorporated by an A ct of the

State Legislature on January 20, 1870 (Exh. 1, Second R ecital), with an original endowm ent fromJames Lenox consisting of land, money, and "the great collection of manuscripts, Bibles, earlyprinted books, engravings, maps, statuary, paintings, drawings and other w orks of art which he hadgathered during a long life" (NYPL Bulletin, I, 5).

56. The Leno x Trustees considered that the "permanent security and preservation" of Mr.Lenox 's "special collections" was their "first duty" (NY PL Bulletin, T.1, 7):

They regarded the Library as having b een established "for the public exhibition andscholarly use of some of the most rare and precious of such monuments andme mo rials of the typographic art and the historic past" as had escaped the wreck oftime; and such volumes were "not to be subjected to the constant service ofcirculation or use in which they m ay be worn out o r destroyed" (id.; emp hasis added).

Thus, the Lenox Trustees were particularly concerned that transportation would damage theircollection and tha t therefore, as with the l imitation impo sed upon the Astor C ollection, the bookswere to be restricted to the Central Library and not rem oved therefrom (id.).

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The T i lden Tr ust57. The Tilden Trust was established at the bequest of Samuel J. Tilden "for the

establishment and maintenance of a free Library and Reading Room in the City of New Y ork" (Exh.1, Third Recital).

58. The State Leg islature passed the incorporating Act with regard to Th e Tilden Truston M arch 26, 1887, but the legalities of the endow men t were disputed until in or about 1892, whe nan agreem ent was entered into betwee n The Tilden Trust and a niece of Mr. Tilden, after extensivelitigation regarding the validity of residuary clauses (NY PL Bulletin 1. 1, 9). By Decem ber 31, 1894,"The T ilden Trust was in p ossession of Mr. Tilden's fine private library, containing about 20,000volumes" (Id. at 10).Form ation of the Central Library through theConsolidat ion of the Three L ibrary Com panies

59. In 1895, the members of the Boards of Trustees of the Three Library Companiesbegan nego tiations concerning the consolidation of the Three Library C ompanies "in such form thatthe benefits of the three institutions m ight be mo re widely disseminated amo ng the people" (NY PLBulletin 1.1 , 10) (the "Consolidation").

60. On M ay 23, 1895, the aforesaid negotiations culminated in the execution of a form alAgreem ent of Consolidation by the Three Library Com panies (Exh. 1).

61. The teinis of the Agreement of C onsolidation were simple -The new corporation was to establish and m aintain a free public library and readingroom in the C ity of New York, with such branches as might be deemed advisable ,and w as to "continue and prom ote the several objects and purposes set forth in theseveral acts of incorporation of The Trustees of the Astor Library, The T rustees ofthe Lenox Library and The Tilden Trust." It was distinctly provided that the newcorporation [i.e., the NYPL] should make appropriate provision for faithfully

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keeping and observing all the limitations, conditions or restrictions under whichany of the funds or property of the several constituent corporations were to beused or enjoyed (NYPL Bulletin, 1.1, 11) (emphasis added).62. The aforesaid "limitations, conditions, [and] restrictions," with which the newly-

consolidated NYPL would be required to "faithfully" comply (id.), include the obligation to ensurethat no books or other m aterials be either lent out or otherwise remo ved from the C entral Library(Exh. 1).

63. Upon information and belief, the then-Board of Trustees of the NYPL wished tolocate a parcel of property large enough to pro vide adequa te space for the consolidated collectionand future expansion, but were concerned that the NY PL w ould become bankrupt if it had to fundthe land acquisition and building construction.

64. On March 25, 1896, the said Board of Trustees presented an address to the Hon.William L . Strong (then-Mayo r of New Y ork City), whereby it applied to the City for a grant of landand building capital (the "Address") (Ex h. 5). In pertinent part, the Bo ard of Trustees represen tedto Mayor S trong that:

The charters of the individual corporations and the trusts assumed towards thefounders of the libraries and other benefactors, render it necessary in any event thatthe Astor and Le nox collections shall always rem ain in the library for use by readersthere (Exh. 5) (emphasis added).65. In May 1896, the State Legislature passed a law authorizing the predecessor of the

defendant, NYC DO P, to enter into a contract with the NYPL for the use and occ upation of the landcurrently occupied by the Central Library, "for establishing and maintaining a free public library andreading room and carrying out the objects and purposes of said corporation * * * and said contractmay provide that such use and occupation may continue so long as the said New York Public

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of said corporation, in accordance with the agreement of consolidation whereby said corporationwas constituted. and the several acts incorporating the trustees of the Astor libra the trustees ofthe Lenox library and the Tilden trust" (Exh. 7 hereto) (emphasis added).The L ease

70. On D ecember 8, 1897, the NYP L entered into the Lease for the Central Library withthe City, for "so long as the [NYPLI shall use and occupy such building for the purpose ofmaintaining therein a public library and reading room and carrying on the objects and purposes ofthe said corporation. as provided by its said agreement of consolidation and the several acts

incorporating the Trustees of the Astor Library, the Trustees of the Lenox Library, and The TildenTrust. respectively" (Exh. 2) (emphasis added).

71. The Lea se was entered into after the Board of Trustees had represented to the City,in its Add ress to Mayo r Strong, its Conviction that the library's books "shall alway s remain in thelibrary for use by readers there" (Exh. 5) (emphasis added).The W inning Design Containing the Stacks

72. In March 1 899, the NY PL hosted an arc hitectural competition for the design of theCentral Library.

73. The w inning design was prepared by the arch itectural firm, Carrere & Hastings.74. Upon information and belief, construction of the Central Library in accordance with

C an - ere & Hastings's drawings was finished in 1911 , having taken 11 years to complete at a cost ofapproximately $9 million -- in excess of $218 Million in today's dollars.

75. The winning architectural design prepared by Carrere & Hastings, included the Stacksas an architecturally and structurally integral piece of the Cen tral Library.

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76. The Stack s are both the literal and metaphorical heart of the Central Library.77. The Stacks are positioned directly below the Rose Reading Room of the Central

Library in order to, among other things, ensure that books could be promptly retrieved and deliveredto scholars and other visitors in need of resource materials, and then promptly returned to the Stacks.

78. Dem olition of the Stacks, if permitted, wou ld, among other things, comp romise thearchitectural and structural integrity of the now-landmarked Central Library, and undermine itscritic:al design, the purpose of which was to facilitate expedited, comprehensive, and efficientresearch.The 1978 Agreement w ithPARKS and the Public at Large

79. On June 2, 1978, the NYPL entered into the 1978 Agreement with the City andPARK S, pursuant to which the NYPL and the City promised "to make no changes in the structureor improvements of said premises or additions thereto without the prior approval of PARKS" (Exh.3, IF) (emphasis added).

80 . Upon information and belief, PARK S has never approved any changes in the structureor any con struction relating to remov al of the Stacks.

81. Indeed, upon information and belief, the only N ew Y ork State action with respect tothe CLP occurred on June 27, 2013, when the S tate Assembly Standing Comm ittee on L ibrariesconvened its first hearing to consider the CLP and, in particular, removal of the Stacks ("StateCommittee").

82. The State Committee did not approve the CLP at the aforesaid hearing or at any othertime.

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83.ursuant to the 1978 Agreem ent, the NY PL and the City further expressly agreed "toprotect and preserve the historical integrity of features, materials, appearance, workmanship a ndenvironment" of the Ce ntral Library (Exh. 3 4) and "to hold, maintain and adm inister [the CentralLibrary] for the benefit of the public at large" (Id. 8) (emphasis added).

84.embe rs of the general public constitute intended third-party beneficiaries under the1973 A greement.The C entral Library Plan5nder the CLP, the NY PL intends to:A . Gut the Central Library of the seven stories of iron and structural steelStacks;B. Displace the millions of books and other resource materials currently and

previously shelved in the Stacks to remote offsite storage facilities, inviolation of, inter edict, the NY PL's Charter and the objects and purposes ofthe NYP L with which the defendants Board of Trustees, Dr. Marx an d M r.Rudenstine are required to comply;

C . Sell off for private real estate development two branches of the NY PL -- theMid-M anhattan Library ("Mid-Manhattan" Branch) and the Science, Businessand Industry L ibrary ("SIBL" Branch);

D. Shoe-horn the collections of the SIBL and M id-Manhattan Branches, or likelya very significantly reduced version of those collections, into the area of theCentral Library formerly occupied by the Stacks; andE. Convert the Central Library from one of the world's foremost researchinstitutions, featuring on-site books, manuscripts and other original resourcema terials from all over the world, into an o versized circulating library.

86.nder the CL P, the work to remo ve the Stacks, upon which the Central Library reliesfor structural support, is slated to be performed while the Central Library, including the RoseReading Room, is to remain open.

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87. Mr. Tortorella, the President of structural engineering firm Silman PC , which, uponinformation and belief, has been retained by the NYP L to implement the CLP, including removalof the Stacks, has com pared rem oval of the Stacks to "cutting the legs off a table while dinner isbeing served" (The New Y ork T imes , January 29, 2013) (Exh. 8).

88. In the words of the late Ada Louise Huxtable, the Dean of New York Architecturecritics, the CLP "is a plan devised out of a profound ignorance of, or w illful disregard for, not onlythe library's original concept and d esign, but also the folly of altering its meaning and m ission andcompromising its historical and architectural integrity. You don't 'update' a masterpiece" (Ada

Louise H uxtable, "Undertaking its Destruction," W all Street Journal, December 3, 2012) (Exh. 9).89. Similarly, The New York Times Architecture critic Michael Kimmelman has

dismissed the proposed new ly designed Central Library as having "all the elegance and distinctionof a suburban mall" (T he N ew Y ork T im es , January 29, 2013) (Exh. 8), while Bloomberg New sArchitecture critic James Russell described it as "thin architectural gruel" (James Russell, "N.Y.Public Library, Norman F oster Evict a M illion Books," Bloomberg N ews, December 19, 2012) (Exh.10).

FIRST CAUSE OF ACTION90. The Coalition repeats and realleges each and every allegation contained in the

preceding parag raphs 1 throug h 89, inclusive, as if set forth in full herein.91. The 1978 A greemen t constitutes an enforceable contract.92. Under the 1978 Agreement, the NYPL and the City each explicitly promised "to

protect and preserve the historical integrity of features, materials, appearance, workmanship andenvironment" of the Central Library (Exh. 3 114).

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93. The Stacks constitute, inter alia, a "feature" and a part of the "materials,""appearance," "workmanship," and "environment" of the Central Library.

94. Under the 197 8 A greement, the NY PL and the City each explicitly promised "to makeno changes in the structure or improvements of said premises [i.e., the Central Library] or ad ditionsthereto without the prior approval of PA RK S" (Exh. 3 7).

95. Rem oval of the Stacks would constitute a "change in the structure or improvem entsof said premises [i.e., the Central Library]" (Id.).

96. Up on information and belief, PAR KS has not approved the removal of the Stacks.97. Upon information and belief, PA RKS has not approved a ny construction work at the

Central Library relating to the planned remov al of the Stacks.98. Within the past two months the NYPL has obtained no fewer than seven building

permits from the DO B (i.e., from the City, not PARKS, a State governmental body), including thosecertain permits dated June 4, 2013, and June 20, 2013, allowing the N YP L and Silman PC to ma ke"STRUCTURAL MODIFICATIONS INCLUDING STEEL LINTELED OPENINGS AS SHOW NON P LAN S FILED HEREWITH FOR EA RLY W ORK PH ASE 1B" (Job No. 1213334798), and"STRUCTURAL MO DIFICATIONS, INTERVENTION AND SHORING AS SHOWN ON PLAN SFILED HEREWITH FOR EA RLY W ORK PHA SE 1A" (Job No. 121234789).

99. Defendants have breached, and threaten further breach of, the 1978 Agreement by,inter alia, planning for, and taking action that directly threatens the imminent remo val of the Stacks.Such action, inter alia, would: (1) constitute a structural alteration of the Central Library withoutpermission from PARKS, in violation of V of the 1978 Agreement (Exh. 3); and (ii) constitute abreach of defendants' obligations under 4 of the 1978 Agreement, by which defendants are

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obligated "to protect and preserve the historical integrity of features, materials, appearance,workmanship and environment" of the Central Library (Exh. 3).

100. Members of the public, including, inter cilia, the members of the Coalition, areintended third-party beneficiaries under the 1978 Ag reement.

101. Remo val of the Stacks and books, in wh ole or in part, threatens to, and would, causethe members of the Coalition to suffer permanent and irreparable harm in their professions, businessand property.

102. Removal of the Stacks, in whole or in part, threatens to, and would, injure the public-at-large, who have the right as third-party beneficiaries under the 1978 Agreement to have theCentral Library "maintained so that the historical integrity of features, materials, appearance,workmanship and environment be protected and preserved" (Exh. 3 2).

103. If defendants are not immediately enjoined from rem oving the Stacks and book s, inwho le or in part, and from doing any co nstruction work related to any such removal, the mem bersof the Coa lition and the public-at-large would be irreparably injured.

104. By reason of the foregoing, the Coalit ion is enti tled to orders: (1) immediately andpermanently restraining all further demolition and construction work with respect to the Stacksand/or other compo nents of the CLP ; (ii) mandating that defendants return all of the books and othermaterials previously housed in the Stacks to the C entral Library; and (iii) declaring that the C entralLibrary shall not undergo any construction and/or other work that m ay affect the structure of thebuilding without consent of PARK S.

105. The members of the Coali tion and the public-at-large have no adequate remedy atlaw.

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SECOND CAUSE OF ACTION106. The Coalition repeats and realleges each and every allegation contained in the

preceding paragraphs 1 through 105, inclusive, as if set forth in full herein.107. In addition to those books already rem oved, the removal of the Stacks w ould result

in the displacement of a ny rem aining books to rem ote off-site storage facilities, as contemplated bythe CL P (collectively, the "Displacement").

108. The Displacement has, threatens to, and would continue to, violate the explicitmandate of the Astor, Lenox and Tilden Trusts, inter cilia, that the Central Library's books "shallalways remain in the library for use by readers there" (Exh. 5), as carried forward and incorporatedby reference into the Agreem ent of Con solidation, the NYPL 's Charter, the Ad dress, the Lease withthe City, and the 1978 Agreem ent.

109. Members of the Coalition, as well as the public-at-large, are intended third-partybeneficiaries of the trust resolution requiring, inter cilia, that "the Astor and L enox collections shallalways remain in the library for use by readers there" (Exh. 5), as carried forward and incorporatedby reference into the Agreement of C onsolidation, the NY PL's Charter, the Address, the Lease w iththe City, and the 1978 Agreem ent.

110. Displacement threatens to, and would constitute a breach of trust, proximately and/orsubstantially causing membe rs of the Coalition and the public-at-large severe and irreparable injury.

111. By reason of the foregoing, the Coalition is entitled to orders: (i) mandating thatdefendan ts return all of the books and othe r materials previously housed in the Stacks to the CentralLibrary; and (ii) declaring that the books and other materials previously and currently housed in theStacks shall not be removed from the C entral Library.

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112. The mem bers of the Coalition and the public-at-large have no adequate remed y atlaw.THIRD CAUSE OF ACTION

113. The Coalition repeats and realleges each and every allegation contained in thepreceding paragraphs 1 through 112, inclusive, as if set forth in full herein.

114. Dr. M arx, Mr. R udenstine, and the Board of Trustees are fiduciaries under the NYP LCharter and the Astor, Lenox and Tilden Trusts.

115. As fiduciaries, Dr. M arx, Mr. R udenstine, and the Board of Trustees ow e duties ofcare, loyalty, and good faith to the beneficiaries under the aforesaid trusts -- the members of theCoalition and the general public.

116. Dr. M arx, Mr. R udenstine, and the Board of Trustees have breached their duties ofcare and good faith by, inter alia: (i) authorizing the removal of the Central Library's books toremote offsite storage facilities; (ii) engaging Silman PC to prepare plans and apply for permitswhich would result in the demolition of the Stacks and the continued removal of books; (ii)implementing the Displacement; (iii) transforming the C entral Library from New York's preeminentresearch institution into an oversized circulation branch; (iv) destroying the very principles andobjectives upon which the N YP L w as established; (v) acting in direct violation of the objects andpurposes of the T rusts; and (vi) otherw ise breaching their fiduciary duties of care and goo d faith.

117. Upon information and belief, one or more members of the Board of Trustees havebreached their duties of loyalty by voting in favor of, and supporting, the CLP, w hich w ould benefitone or more of them personally through the sale of library properties (including, without limitation,intellectual property) to private developm ent, without disclosing the nature o f their personal interests

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to the other members of the Board.118. Displacement has already and will in the future constitute a breach of trust,

proximately and/o r substantially causing members of the Coalition and the public-at-large severe andirreparable injury.

119. By reason of the foregoing, the C oalition is entitled to an order: (i) immediately andpermanently restraining all further demolition and construction work with respect to the Stacksand/or other components of the C LP; (ii) mandating that defendants return all of the books and othermaterials previously housed in the Stacks to the Central Library; (iii) declaring that the Central

Library shall not undergo any construction and/or other work that may affect the structure of thebuilding without the consent of PARKS; and (iv) voiding any and all unconsummated transactionspertaining to the C LP in which interested Trustees have p articipated.

120 - . The members of the Coalition have no adequate remedy at law.FOURTH CAUSE OF ACTION

121. The Coalition repeats and realleges each and every allegation contained in thepreceding paragraphs 1 through 12 0, inclusive, as if set forth in full herein.

122. Defendants Silman PC and M r. Tortorella owe duties of care and good faith to theCoalition and other members of the general public who use the Central Library.

123. Upon information and belief, Silman PC and Mr. Tortorella have devised a plan toremove the Stacks while the Central Library, including the Rose Reading R oom, remains in use bythe Coalition and other membe rs of the general public.

124. The Rose Reading Room is situated directly above, and is supported fully by, theStacks.

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125. Rem oval of the Stacks would com promise the architectural and structural integrityof the Central Library, which is both a N ational Historic Landm ark and a N ew Y ork City Landmark.

126. Rem oval of the Stacks threatens to undermine the structural integrity of the C entralLibrary, including and especially the Rose Rea ding Room, creating an imm inent danger of seriousinjury to persons and property.

127. Rem oval of the Stacks would constitute negligence, indeed gross negligence.128. By reason of the foregoing, the Coalition is entitled to an order immediately and

perma nently restraining Silman PC and Mr. Tortorella from taking any further action to demolishor otherwise perform work w ith respect to the Stacks and/or other components of the CL P.

129. The Coalition has no adequate remedy at law.WHEREFORE, the Coalition demands judgmen t over and against defendants:As to the First Cause of Action:

As to the Second C ause of Action:

As to the Third Cause of Action:

(i) immediately and perm anently restraining all furtherdemolition and construction work with respect to theStacks and/or other components of the CLP; (ii)mandating that defendants return all of the books andother materials previously housed in the Stacks to theCentral Library; and (iii) declaring that the CentralLibrary shall not undergo any demolition, constructionand/or other work that may affect the structure of thebuilding without consent of PARKS;(i) mandating that defendants return all of the booksand other m aterials previously housed in the Stacks tothe Central Library; and ( ii) declaring that the booksand other materials previously housed in the Stacksmay not be rem oved from the Central Library;(i) immediately and p ermanently restraining all furtherdemolition and construction work with respect to theStacks and/or other components of the CLP; (ii)mandating that defendants return all of the books andother ma terials previously housed in the Stacks to the

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MichaelDavid P. Rubinstein

Central L ibrary; (iii) declaring that the Cen tral Libraryshall not undergo any construction and/or other workthat may affect the structure of the b uilding w ithoutconsent of PARKS; and (iv) voiding any and alluncon summated transactions pertaining to the CL P inwhich interested Trustees participated;

As to the Fourth Cause of Act ion : immediate ly and permanen t ly rest ra in ing defendan tsSilman PC and Tortorella from taking any furtheraction to demolish or otherwise perform work withrespect to the Stacks and/or other components of theCLP;

all together with costs, legal fees, disbursements, and any a nd all other and further relief this Co urtdeems just and proper.Dated: New York, New York

July 10, 2013

WEISS & HILLER, PCA ttorney s for the Coalition600 Madison AvenueNew Yor, ew York 100 2

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E xhibit 16


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7/10/13W: Letter from the library plus emailFW: Letter from the library plus emailFrom: Michael S. HillerSent: Tue, Jul 9, 2013 at 10:45 pmTo:afiaweisshiller.com

Ltr to Laura B arbieri (2) .pdf (40.3 KB )

WEISS & BILLER, PCAttorneys at Law

600 Madison AvenueNew York, New York 10022

www.weisshiller .cornDear

Best regards,MichaelMichael S. Hiller, Esq.Weiss & Hiller, PC(212) 319-4000HIE INFORM ATION CONTA INED IN THIS EMAIL IS PRIVILEGED AND CON FIDENTIAL INFORM ATION AN DIS INTEND ED ONLY FOR .1 HE USE OF THE INDIVIDUAL OR ENTITY NA MED ABOV E IF THE READER OF THISMESS AG E IS NOT TH E INTENDED RECIPIENT, OR IS THE EIVIPLOYEE OR AG ENT RESPONSIBLE TO DELIVERIT TO TH E INTENDED RECIPIENT, YOU ARE HEREBY NO MU D TH AT AN Y D IS S EMINATION, DIS TRIBUTIONOR COPYING OF THIS COMM UNICATION IS STRICTLY PROMB imp. IF YOU H AVE RECEIVED THISCOMM UNICATION IN ERROR, PLEASEEMMEDIATELY NO TIFY US BY TELEPHON E, AND RETU RN l'HEORIGINAL MEN SAGE TO US AT THE ABOVE ADDRES S VIA THE U .S . POSTAL SERVICE THANK Y OURom: Laura Barbieri [mailto:[email protected]]Sent: Tuesday, July 09, 2013 6:32 AMTo: Michael S. HillerSubject: Letter from the library plus email

Michael,Attached is the letter we received p lus their response to the ad ditional assurances we sought in the emailbelow.LauraDear Ms. Barbieri,On behalf of my client, it is agreed that you will receive, via email, at least three (3) business days' notice priorto the commencement of construction related to the CLP, and any sale or disposition of the Mid ManhattanLibrary Building or my client's interest in the in the property in which the SIBL is located through and includingthe determination of your pending motion for a preliminary injunction.Richard G. LelandPartner

https://apps.rack6pace.comhersionslm,ebmail/8.17.7-RC/popup.phOwsid=6a6bb7803c2773639a9defaaf14ef47a33882c2f#1373482418050


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7/10113W: Letter from the library plus emailLaura D. B arbieri, Esq.Advocates for Justiceoffice: 212 285-1400, ext. 712cell: 914 [email protected]


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E xhibit 17


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New York Public .Libraryfacesneeriless lawsuit overre n or ' nth=New York Public library'soriginal copy of Bill of Rightsse t . for public displayNew York Public libraryunveils designs for new$20M branch on W. 53 rdStreet

R E L A T E D S T O R I E S

Sublime with Rome onSunday July, 14th atNikon at Jones Reach

BE n e e FIRST70 KNOW GET READER OPENS MAWl Email Address

: S T C I T Y A P P I NT H E W O R L D !

N t V i O F F L I N E R E A D I N G F E A T U R Eadd ed so stales can be read

7 1 1 C O 1 33001.4 j.;ed a! a . : 4 ' ar s . r . _ 1 of Nor R1 t' 8=.'y - NY D iWednesday, July 10, 2013YDailyNews.cdm / Local

SBri nth s i t e .S ITE s WE2 SLOGS

newsoliticsportshowbizpinionivinghotosideoutosm ore o f Lacs(EVENTS BRONX BROOKLYN QUEENS UPTOWN EDUCATION t WEATHER DEATH NOTICES NEW YORK PIGSL O C A L$300M job is halted at main branch of New YorkPublic LibraryScholars and preservationists sued to block the plan because it requires the demolition of stacksunder the Rose Reading Room and would move more than t million books to New JerseyCorinntiAsB Y B A R B A R A R O S S ( N E W Y O R K D A I L Y N E W SDAY, an, UR PM99

MYAN ,F FriThe 'MID million project has halted until "all approvals" are gotten at the New York Public LibraryMain Branch on Filth Ave.

The New York POW Library has vokmtarlly halted constructionon its iconic main branch 'until all approvals' are in hand, alibrary official said Monday.

Ken Weine, the library's vice president of communications, saidfull-scale construction on the $300 million Mari to convert 'thestacks' into a circulating feyery within the landmark researchcenter was never intended to start unto a o approvals weregiven.

Now, preliminary work, 'which was described in applications-03-haltied-rrialn-branch-new-york-pilic-fibrary-arlicle-1.1393406 1


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POST A COM ENT))

The statements came after schbiort and pre ervationists suedtoblock the plan because it requires the demsolitlon of ataCksunder the tandmserk buikitrigi's Rose Reading Room and it wouldmove more than 1 million bOokS to New Jersey.

',apart rrierh,&irid as ail , ha said,

O T H E R y O R I E S

eci iriamf Naviiva -aily t1 -0/13Plastic Surgery Disasters: Lil Kim.anessa %/tinhorns DNATestMeg Ryan & More. Showed Genes From Across theHollyscoapncestry.comC O M M E N T SComments (2) See All Comments

P 1 . 1 i 3 1 - A NEW C . X . 'i tA M E N T

Celebrity Twins that You ProbablyDidn't Realize EkstedCelebrity Toob

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[Discussion Guidelines

E D I T O R ' S P I C K SPHOTOS: AmandaBynes hides behindher dogAmanda Hynes seems tohave gone off the deepend. Check outthe childstar's downward spiral.

EXCLUSIVE:'Se infe Id* fan? Getmarried by Rev_KramerBoy meets girl, yada yadayada ... and Kramerpronounces them man andWATCH: DustinHoffman tears upover TootsheHoffman got a taste of theexacting beautystandardswomen face while filminghis 1982 comedyffick.Roxy surf contestpromo blasted as'sexploitation'You'd probably neverguess its an ad for soupcoming surf contest

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P OS T

ANDREW OSTLER 5 hours ago

A construction project planned to cost 300million dollars was halted for the time being at NewYork Public Library's main branch. This is due to a final approval not being received on exactlywhat construction is going to be done. This also means that construction workers will be waitingor moving on to other projects in order to fill their time. With more than la million peoplefacing unemployment in the US, according to the BLS, construction jobs are just one area wherepeople can find employment. Another area that might interest some is an IT job in New York, ora teaching job in Chicago. No matter where you search for work, make sure you utilize all of theavailable resources. Include granted dot corn in your search to find listings von might not find

SEE inMan playsguitar through hisown brain surgeryHe's a medico' and amusical marvel.

Randy Travis remainsin critical condition,says doctorCountry m us is star RandyTravis is showing signs ofimprovement but remainsin critical condition.PHOTOS: JLo returnsto her roots far WMagazineShe maybe a 43-year-old

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servicaaspart ofa not roustors/ hisidry pit feet

exhibits 15-17 to order to show cause

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