Armory Conservancy Sues State Over Knickerbocker Greys Law

In the latest twist concerning the fate of the Knickerbocker Greys at the Park Avenue Armory, the building’s Conservancy is suing their state landlord, after Governor Kathy Hochul signed a law last December that prevented them from evicting the historic youth cadet group.

The law, which won popular local support and was spearheaded by State Senator Liz Krueger and State Assemblyman Alex Bores, mandated that the Greys be allowed to keep their current 800-square-foot outpost in the armory’s basement. At the time, Krueger called the Greys “a wonderful part of the fabric and history of our community, an organization that has touched the lives of so many young people.”

The Greys, which were founded in 1881 and identify themselves as the “oldest after-school program” in NYC, maintain a notable alumni list that includes former NYC Mayor John V. Lindsay and former NY Governor Nelson Rockefeller. They are inextricably tied to the traditions of the New York National Guard’s 7th Regiment, known in its 19th-century heyday as the prestigious “Silk Stocking” regiment.

Yet the nonprofit Conservancy had hoped to include the Knickerbockers’ basement space in a further renovation of the armory, which they’ve utilized for arts programming since signing a 99-year lease in 2006.

According to the latest ProPublica records, the nonprofit Conservancy raked in $23 million worth of revenue in the fiscal year ending December 2023, although they were swamped by $35 million in expenses—resulting in an operating loss. The Conservancy’s executive director, Rebecca Robertson, earned a considerable $593,163 in compensation that year. Meanwhile, the Greys are run on a volunteer basis, with net assets of just under $50,000.

The $73 million worth of renovations (or “capital improvements”), the Conservancy says in its new federal suit, are necessary to create ADA-compliant facilities and would support “mentored and paid internships for students in some of New York’s most under-resourced schools.”

Lawyers for the Conservancy further argue that Empire State Development Corp., the state agency that is a defendant in the suit, will create an agreement with the Greys that the lawyers believe could end up “unconstitutionally” expanding their footprint at the armory.

Perhaps most provocatively, the Conservancy appears to contrast their certainly laudable programming with the activities of the 22-member Greys, by arguing that the Greys serve no public purpose.

The protections for the Greys, lawyers for the Conservancy write, “do not serve the general welfare, promote public safety, or advance any interest of the citizenry at large.” They further allege that the new law is a “targeted political favor—obtained by the Greys through lobbying and influence.”

Lawyers for the Conservancy then outline some specific charges of Constitutional violations that they say are created by the law; these include alleged violations of the Contracts Clause, the Takings Clause, and the Conservancy’s due process rights.

“Unless this Court intervenes . . . expansion of the [Conservancy’s] art and youth programs will be thwarted,” the suit continues. “The Conservancy’s revitalizing and maintaining a historic cultural site for the benefit of the people of New York will be obstructed.”

David Menegon, a retired US Army colonel who serves as the Commandant of the Greys, told Straus News that the organization was beloved by “generations” of families. He said that Greys learn “leadership, empathy, and confidence.”

Two parents of Knickbocker Greys alums said that they were baffled by the new lawsuit. “The community loves the Greys, period. They’ve been here for generations. To see that they’ve brought another lawsuit . . . seems frankly just crazy,” one said. “When I heard about it, I just couldn’t believe it.”

“They’re punishing innocent children,” they added.

Another said that the lawsuit exemplified why it was important to maintain the Greys, which they said teaches “love-thy-neighbor” values to kids. The Conservancy, they argued, was instead embodying “sue-thy-neighbor.”