Navigating the sidewalks of Gramercy Park in Manhattan has become a treacherous ordeal for handicapped residents, families with small children, and delivery people.  The sidewalks, meant to provide a safe passage for all pedestrians, have been encroached upon by Diner24 (283 3rd Avenue, NY, NY). Every day, this establishment has placed trash cans and seating for its patrons directly on the pedestrian path, leaving little room for individuals with mobility challenges, parents pushing strollers, and busy food and parcel deliveries to navigate safely.

The Department of Transportation’s DiningOutNYC requires that restaurants submit detailed plans to the NYC DOT and the local community board to obtain a permit to operate a sidewalk cafe. Diner24 never submitted an application and never received approval to operate a sidewalk cafe. The entire setup is illegal.  

Further, DiningOutNYC rules require that a “clear path” of eight feet is maintained at all times. Diner24 provides less than four feet of “clear path” for pedestrians at all times due to their unlicensed sidewalk cafe. The clear path is often reduced to one or two feet due to other obstructions, such as Diner24’s trash bins, Diner24’s discarded furniture, their potted plants, and Diner24 staff members taking orders and serving food from the pedestrian path (also against DiningOut NYC rules).

Diner24 habitually leaves its cellar doors open with no safety measures to protect pedestrians, turning what was once a straightforward walk into a risky endeavor, fraught with the potential for tripping and injury. As members of the Gramercy Park community, we cannot stand idly by as our sidewalks are compromised, and our safety is put at risk.

New York City has strict laws and regulations regarding the use of public sidewalks, designed to ensure accessibility and safety for all residents. Yet, Diner24 continues to flout these regulations, placing its own convenience above the wellbeing of the community. The constant, flagrant violations not only present physical hazards but also undermine the quality of life for local residents, making everyday activities like walking to the store or heading to the park unnecessarily challenging. 



Hundreds of 311 complaints have been filed on Diner24 regarding their illegal sidewalk cafe, the lack of a clear pedestrian path, improper storage of trash bins, and refusal to display their food safety grade card.  In addition, the New York State Liquor Authority has been alerted that Diner24 is illegally serving alcohol on the sidewalk when they have no permit to do so. However, nothing has changed in over one year.   

We urge the authorities to take immediate and severe action against Diner24. DOT states that “Restaurants that operate outdoor dining without a license and revocable consent may be subject to the following penalties and/or ordered by NYC DOT to remove their outdoor dining setup. $500 for the first offenses. $1,000 for the second and subsequent offenses.”   We demand that DOT order Diner24 to remove their outdoor dining setup and fine Diner24 $1,000 per day until it is done.  

When politely asked to remedy the situation, Diner24 manager, Stratis Morfogen, yells, curses, and insults pedestrians. It's imperative that Diner24 and Stratis Morfogen be held accountable for their actions and compelled to comply with existing laws aimed at protecting pedestrian rights and ensuring sidewalk accessibility.  


Please join us in this crucial battle to reclaim our sidewalks and restore safety and accessibility in Gramercy Park. Sign this petition to demand that Diner24 abide by all applicable laws and regulations concerning the use of our public sidewalks.