34th St. BID sues over newsstand.

The New York City Department of Consumer Affairs, the Department of Transportation, the Art Commission, and the owner of an unlicensed and illegal newsstand are being sued by the 34th Street Partnership over, what the group claims are, 'deplorable and dangerous pedestrian traffic conditions at the southeast corner of West 34th Street and Avenue of the Americas, directly in front of the McAlpin House at 50 West 34th Street.

According to Daniel A. Biederman, president of the 34th Street Partnership, the Business Improvement Distria for the 32 square blocks along the 34th Street corridor, this is a test case to prove' that the public has the first right to New York City sidewalks.

"For the first time, a Business Improvement District is suing the city to require it to enforce its own regulations and guidelines, the most recent of which became effective in April of 1992, said Biederman. 'Suing the City is not a precedent we wished to make, but after a year of appealing to City agencies, we had no alternative. Newsstands are a welcome public amenity, but they must be well designed, well located, and well run."

The complaint alleges that an oversized, unlicensed newsstand at that corner constricts pedestrian traffic flow to such a degree that people are forced to walk in the street to make their way east or west along the south side of 34th Street.