S 4352: Requires the pedestrian pathway located between Broadway and Amsterdam Avenue on West 116th Street in the city of New York, also known as College Walk, to be open to public pedestrians.

  
  STATE OF NEW YORK ________________________________________________________________________ 4352 2025-2026 Regular Sessions  IN SENATE February 4, 2025 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT requiring the pedestrian pathway located between Broadway and Amsterdam Avenue on West 116th Street in the city of New York, also known as College Walk, to be open to public pedestrians The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. "College Walk" as it is now known 2 started out life as a mapped New York city street and was part of the 3 official street grid until the 1950's representing a public thoroughfare 4 on West 116th Street between Amsterdam Avenue and Broadway. In 1954 for 5 the sum of $1,000 the city turned over the street to Columbia University 6 to create a "pedestrian walk" so long as the city retained a "perpetual 7 easement" for the right of pedestrian passage between Broadway and Amst- 8 erdam Avenue. With the rarest of possible exceptions, over the past 71 9 years, the university has generally lived up to the terms of the ease- 10 ment and has rarely closed College Walk, save for events like the 9/11 11 Terrorist Attacks and certain outdoor graduation festivities. However, 12 since late 2023 and extending unto the present moment, the university 13 has shuttered the gates with padlocks citing security concerns. While 14 it is the sense of the legislature that the safety of those both on 15 campus and in Morningside Heights is paramount, sound public policy and 16 legal doctrine hold that land over which the city has an easement and 17 which binds Columbia University to the right of perpetual pedestrian 18 passage cannot be shut off for unreasonable lengths of time. The state 19 has an interest in protecting easements that facilitate public transpor- 20 tation and participation in private and civic life--particularly those 21 where a local government, such as New York city is part to it. 22 § 2. College Walk access. The pedestrian pathway located between 23 Broadway and Amsterdam Avenue on West 116th Street in the city of New 24 York, also known as College Walk, shall be open to public pedestrians EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08733-02-5 
 S. 4352 2 1 pursuant to the provisions of the 1953 agreement with such city which 2 ceded such portion of West 116th Street to Columbia University. 3 § 3. Standing to enforce provisions. 1. Any member of the public shall 4 have standing to bring an action in any court of competent jurisdiction 5 to enforce the provisions of this statute. 6 2. Such action may be brought to enjoin and restrain violations of the 7 statute, to compel compliance with the statute, or to seek any other 8 appropriate relief. 9 § 4. Award of attorney fees. 1. If a member of the public prevails in 10 an action brought under this act, the court shall award reasonable 11 attorney fees and costs to the prevailing party. 12 2. The award of attorney fees and costs pursuant to this section shall 13 be in addition to any other relief granted by the court. 14 § 5. This act shall take effect immediately.