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Dining Sheds Changed the N.Y.C. Food Scene. Now Watch Them Disappear.

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Dining Sheds Changed the N.Y.C. Food Scene. Now Watch Them Disappear.

On Halloween, Piccola Cucina Osteria Siciliana in SoHo served one last dinner in the little house that it built on Spring Street during the first year of the coronavirus pandemic.

Lila Barth for The New York Times

The next morning, the owner, Philip Guardione, took everything he could save from the structure: 11 tables, chairs, live palms and ZZ plants, basket-shaped rattan chandeliers, space heaters. The rest — including white window shutters with adjustable louvers meant to give diners the feeling that they had arrived home at the end of the day — was hauled off by a trash-removal company.

Lila Barth for The New York Times

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Once the scrap wood was gone, the site where Piccola Cucina had served wine from Mount Etna and Sicilian classics like bucatini with sardines and fennel reverted to what it had been before the pandemic: a street-parking space, one of almost three million in New York City.

Lila Barth for The New York Times

Four years after in-street dining gave desperate restaurants a way to hang on and New Yorkers a way to hang out, the very last of the Covid-era dining sheds are truly, finally, really disappearing.

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The structures varied from simple lean-tos banged together out of a few hundred dollars’ worth of lumber to small, lovingly detailed odes to verdigris Beaux-Arts winter gardens, sleek Streamline Moderne luncheonettes and sunset-pink Old Havana arcades.

They came to have almost as many meanings as architectural styles. To some urbanists, they were a bold experiment in rethinking public space. To others, they were an eyesore. Restaurateurs saw them as an economic lifeline. Opponents saw a land grab.

Dining inside a popular spot, you could believe New York had embraced al fresco culture like Rome and Buenos Aires. Walking past an empty one at night, you might conclude that the city was throwing a permanent picnic for the rats.

It was never meant to last, at least not in the form it took during the depths of the pandemic. The city’s street-and-sidewalk dining program, called Open Restaurants, used an emergency executive order to allow restaurants to sidestep many existing laws and regulations about safety, parking, accessibility and fees.

Once the emergency ended, permanent rules were written after much wrangling between Mayor Eric Adams, the City Council, a herd of bureaucracies and the restaurant business. The guidelines are now far more stringent: Fully enclosed structures aren’t allowed, for instance, and many setups will have to be scaled back to a smaller footprint.

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A dining shed that complies with the new rules in use at Dawa’s in Woodside, Queens.

Karsten Moran for The New York Times

There were so many noncompliant shacks still standing that hauling companies and contractors have had a backlog of several weeks. All street sheds, even the ones that meet the new requirements, are supposed to be removed by the end of the day on Nov. 29. According to the Department of Transportation, any structures still standing the next day will be subject to fines of up to $1,000.

The season reopens April 1, creating a storage challenge for restaurants, which are not known for having lots of extra space.

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As of Thursday, the Department of Transportation, which oversees the new program, had received 1,412 applications for roadway dining permits next year — a dramatic drop from the 12,000 businesses that applied under Open Restaurants.

Some owners are bitter about giving up roadway seating for the winter, particularly in December, the busiest month. (There are new rules for sidewalk cafes, too, which are allowed year-round.)

Restaurants excel at conjuring whole moods out of next to nothing. The New York Times took a closer look at several restaurants that have already taken down their creative street setups, and a few that have been holding out.

Building for the Long Haul

Balthazar, SoHo, Manhattan

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Jonah Rosenberg for The New York Times

Jonah Rosenberg for The New York Times

Jonah Rosenberg for The New York Times

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Jonah Rosenberg for The New York Times

The Open Restaurants program was originally scheduled to end after Labor Day in 2020. Few owners wanted to invest in such a short-term proposition, and many of the flimsier structures that were knocked together that summer were abandoned or falling down by the time winter came.

Balthazar took a longer view.

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It waited a full year before coming back in March 2021, with three tented cabanas on Spring Street that were built to last. A peaked roof of red fabric matching the restaurant’s awnings was stretched over a sturdy metal frame. A wainscoted ledge next to the tables disguised heavy barriers that have withstood several run-ins with passing trucks. The floors were a water-resistant plywood that was dyed, not painted, so its deep blue wouldn’t be scuffed away.

The goal was not to make it look new. Ian McPheely of the firm Paisley Design worked to give the cabanas the soft, timeworn look that he helped bring to the restaurant’s interior when it was built in 1995. Keith McNally, the owner, obsessed over the lighting, finding antique table lamps and hanging globe lights that matched the ones inside.

“When you step into Balthazar, you feel like you’ve taken a train to Paris, and you needed to have that same sense outside,” said Erin Wendt, the director of operations for the Balthazar Restaurant Group.

When the cabanas were built, indoor dining was limited to 25 percent of capacity. The cabanas had space for about 40 seats and operated seven days a week, morning to night. The added revenue quickly covered their cost, which the chief executive of Balthazar’s restaurant group, Roberta Delice, placed at about $160,000. American Express and Resy picked up around $40,000 of the cost through a pandemic promotion.

Ms. Wendt said that after the structures were hauled off on Nov. 1, the restaurant had 72 fewer weekly shifts to offer its employees.

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“We’re going to do everything we can not to lay people off, but everybody is going to take a hit,” Ms. Wendt said.

From Eyesores to Gardens

Cebu, Bay Ridge, Brooklyn

Marissa Alper for The New York Times

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Marissa Alper for The New York Times

Marissa Alper for The New York Times

Marissa Alper for The New York Times

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Michael Esposito estimates that he poured between $75,000 and $100,000 into the two decks he built in front of Cebu Bar & Bistro. Street dining at Cebu began in late 2020 with movable barricades separating diners from the traffic.

Eventually, with his partner and his contractor, he designed one structure that stretched for 65 feet along Third Avenue and a second one, about half as long, on 88th Street. The sheds were wired for lights, space heaters and speakers.

A floral-design company was hired to turn these big black boxes into urban arbors. Cascades of artificial wisteria swayed below the ceiling, supplemented by live palms and ferns.

“We definitely wanted to look our best for everybody,” said Mr. Esposito, the owner. “If you go by one of the sheds that’s falling apart and filthy, it’s not a good representation of what’s going on indoors.”

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He said he suspects his efforts to dress up the avenue may have smoothed the way with the local community board, which recently approved Cebu’s plan to come back in April with a street-dining area that meets the city’s new rules.

Mr. Esposito’s proposal has room for 75 seats, about three-quarters of what he used to have. When the old structures were taken down on Nov. 8, much of it went into storage in the hopes that it can be repurposed next year. The roofs had to go, though, and he will not have as many hours to offer his employees, especially over the winter.

“We’re still fortunate to be given the opportunity so I’m not going to complain at all,” he said.

Privacy on a Busy Street

Don Angie, West Village, Manhattan

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Jonah Rosenberg for The New York Times

Jonah Rosenberg for The New York Times

Jonah Rosenberg for The New York Times

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Jonah Rosenberg for The New York Times

The public-health rationale for outdoor dining was that fresh summer breezes could help slow the spread of the coronavirus. But as the weather turned cold, restaurants faced a new challenge: keeping their customers safe and warm.

Don Angie came up with an innovative solution: two “cabins” with a total of nine private compartments. Designed by GRT Architects, each room had baseboard heating, insulated walls, velvet curtains at the entrance and space for up to six people. Clear plexiglass dividers let customers see other diners without having to share their air.

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Scott Tacinelli and Angie Rito, the chefs, taped parallel rows of auto-detailing decals over the partitions to give them vertical pinstripes.

“It took a really long time to get them straight,” Ms. Rito said. “Scott and I took a whole day to put up those lines.”

“It was more than a day,” Mr. Tacinelli said. (The two are married.)

Diners, and celebrities in particular, appreciated the privacy they could get by drawing the curtains. Some cabin regulars have yet to set foot inside the restaurant, the chefs said.

The two cabins cost about $75,000. The larger one was demolished last year, and the remaining one was hauled away on Nov. 12. To make up for some of the business they will lose over the winter, the chefs are thinking of serving lunch on Fridays and staying open an extra half-hour each night, although people aren’t as willing to eat late as they were before the pandemic.

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Although they have applied for permits for the new program, they said they aren’t sure yet what their new structures will look like.

Still Standing, For Now

Empire Diner, Chelsea, Manhattan

Lila Barth for The New York Times

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As the Nov. 29 deadline approaches, many street structures are still in place around the city.

Empire Diner, the 1946 stainless steel dining car on 10th Avenue, is hoping to keep the slim, monochromatic building it calls the Pavilion right up to the last minute, said Stacy Pisone, one of the owners.

Designed by Caroline Brennan of the firm Silent Volume in 2021, and built at a cost of $150,000, the structure echoes the diner’s streamlined Art Deco contours. Portholes cut into white panels alternate with the vertical plexiglass windows that wrap around three sides of the structure. When a coalition of urban-planning groups that supported street dining gave awards to seven outstanding structures in 2021, the Pavilion was one of the honorees.

Ms. Brennan wanted to give people eating in the Pavilion’s 40 or so seats something to look at, and the Brazilian street artist Eduardo Kobra was commissioned to paint a wall above the diner. In a nod to West Chelsea’s galleries, the mural features portraits of Andy Warhol, Jean-Michel Basquiat, Keith Haring and Frida Kahlo.

“We call it Art Rushmore,” Ms. Pisone said.

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Neighbors, including some of the local gallerists who often rented out the space for dinners, have suggested a big, celebratory send-off inside the Pavilion before it is torn down. Ms. Pisone, who hasn’t scheduled the demolition yet, doesn’t have the heart for it.

“I can’t even think about doing a party,” she said. “It’s just so sad.”

Ayza, NoMad, Manhattan

Lila Barth for The New York Times

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East of Herald Square, Ayza Wine Bar is trying to hang on to its outdoor dining area through the end of the year. Partly, the owners hope to take advantage of the busy holiday season. Mostly, though, they are confused about how the new rules affect them, because the regulations were written for structures, and what Ayza has on East 31st Street isn’t a structure, exactly.

It’s a trolley car.

This struck Ayza’s owners as an ingenious solution during the pandemic. Purchased from a sightseeing-tour company in Boston and refurbished with 20 seats at a total cost of about $25,000, the trolley had large, unobstructed openings that allowed air circulation. Its dimensions were almost exactly what the city allowed. Because it was up on wheels, rain water ran right under it. And because it was more solidly built than the typical wooden shed, it was safer from minor collisions.

“I would feel bad for the person who hits the trolley,” said Zafer Sevimcok, one of the owners.

Mr. Sevimcok said he has applied for permission to operate in the street next year. He isn’t sure whether his application will be approved, though, because the new regulations do not have a trolley option.

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In case the city cracks down, he has a backup plan: He will call a mechanic to charge the battery and then drive the trolley away

Restaurant Photography: Lila Barth for The New York Times (Piccola Cucina, Empire Diner and Ayza). Jonah Rosenberg for The New York Times (Balthazar, Don Angie, Oscar Wilde). Marissa Alper for The New York Times (Cebu). Karsten Moran for The New York Times (Dawa’s).

Produced by Eden Weingart and Andrew Hinderaker

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Read the Ruling on the Judgment Against Trump in the E. Jean Carroll Case

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Read the Ruling on the Judgment Against Trump in the E. Jean Carroll Case

Case: 24-644, 09/08/2025, DktEntry: 134.1, Page 28 of 70

statements at issue in this case were made three years earlier than the statement

in Carroll II, the statements were identical in material respects because both

accused Carroll of fabricating the sexual assault allegations for improper
purposes. Compare supra pp. 6-8 (June 2019 statements), with supra pp. 13-14 (October 2022 statement). 14
The truth or falsity of Trump’s statements in both 2019 and 2022
turned on whether Carroll was lying, that is, whether Trump sexually assaulted Carroll in 1996, irrespective of the specific sexual act committed. 15 The jury in

14



For example, in the 2022 statement which the Carroll II jury determined to be false — Trump stated, among other things: “I have no idea who [E. Jean Carroll] is.” Carroll, 690 F. Supp. 3d at 401. In the June 21, 2019 statement at issue here, Trump said: “I’ve never met this person in my life.” App’x at 1887. Moreover, in the 2022 statement, Trump said: “She completely made up a story that I met her . . . and, within minutes, ‘swooned’ her. It is a Hoax and a lie,” “it never happened,” and “for the record, E. Jean Carroll is not telling the truth, is a woman who I had nothing to do with, didn’t know, and would have no interest in knowing her if I ever had the chance.” Supp. App’x at 108. In the June 21, 2019 statement, Trump said: “Shame on those who make up false stories of assault to try to get publicity for themselves,” “I would like to thank Bergdorf Goodman for confirming that they have no video footage of any such incident, because it never happened,” and “[f]alse accusations diminish the severity of real assault.” App’x at 1887.

15

In other words, the application of issue preclusion to the falsity element is proper because Trump’s 2019 and 2022 statements did not turn on the specific sexual act he committed. He did not deny, for example, digital penetration specifically. In all statements, he denied any sexual assault, full stop. The Carroll II jury found Trump’s 2022 statement to be false because it found that he sexually abused Carroll. See Tannerite Sports, LLC v. NBCUniversal News Grp., a division of NBCUniversal Media, LLC, 864 F.3d 236, 242 (2d Cir. 2017) (Under New York law, “to satisfy the falsity element of a

28

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13 Off Broadway Shows to See in September

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13 Off Broadway Shows to See in September

Henrik Ibsen’s searing dissections of bourgeois hypocrisies appear to be in sync with our angry times. The Norwegian playwright is even getting high-profile movie adaptations, with the Tessa Thompson-starring “Hedda” dropping in October. In New York, Simon Godwin’s production of this semi-obscure effort from 1884, about a family’s secrets coming to light, follows recent revivals of “An Enemy of the People,” “A Doll’s House” and “Ghosts.” (Through Sept. 28, Theater for a New Audience)

In their hip-hop musical, Nygel D. Robinson and Brian Quijada portray an enslaved man and the sharecropper-turned-soldier he meets at the Rio Grande. The story looks at a different kind of Underground Railroad while also connecting to our current turbulence with an era-transcending message of solidarity. David Mendizábal directs the two-man show, which is part of Audible Theater’s series. (Sept. 9-Oct. 11, Minetta Lane Theater)

Grier Mathiot and Billy McEntee’s lovely “The Voices in Your Head” was staged for about 20 people at a time in a storefront church last year. McEntee’s “Slanted Floors” goes even smaller: The actors Kyle Beltran and Adam Chanler-Berat portray a couple living out their domesticity under the watch of five audience members in a Brooklyn apartment. (Sept. 9-Oct. 10, Slanted Floors Play).

A collaboration between Hansol Jung (“Wolf Play”) and the collective The Pack, co-directed by Jung and Dustin Wills, “Last Call, a Play with Cocktails” takes place in various New York City apartments, so the audience size varies depending on where the show lands on any given day. One constant: There will be drinks. (Sept. 19-Oct. 13, En Garde Arts)

Alec Duffy’s original staging of “Family,” an early work by the playwright-turned-filmmaker Celine Song, took place in a Brooklyn apartment for audiences of about 30. The production — outré, operatically gothic, near-feral at times — is returning for an encore run, but in a more traditional theatrical space. Let’s see how Duffy recalibrates the show. (Sept. 12-28, La MaMa)

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“Can you be Black and not perform?” Such is the question driving Eisa Davis’s new piece, in which she leads a cast of four. A Pulitzer Prize finalist for her haunting play “Bulrusher” and the co-creator of the concept album “Warriors” with Lin-Manuel Miranda, Davis remains a frustratingly underrecognized writer and performer with a lyrical, fiercely poetic voice all her own. Here is an opportunity to watch her confront and subvert the expectations placed on Black artists. (Sept. 10-28; Here Arts Center)

John Leguizamo’s stage career is paved with solo shows, sometimes autobiographical, in which he brings to life a gallery of characters. At first glance it looks as if his latest piece might be more of the same since it involves a Colombian American New Yorker, like the writer-performer himself. But while Leguizamo does play that central character, Nelson, he is far from alone onstage: “The Other Americans,” directed by Ruben Santiago-Hudson, is a family drama with an actual cast — it’ll be exciting to watch Leguizamo jostle with costars. (Sept. 11-Oct. 19, Public Theater)

Chloë Grace Moretz was only 17 when she starred in Scott Z. Burns’s “The Library” at the Public Theater, in 2014, but her screen career was already buzzing. Still, few expected that it would take over a decade for Moretz to return to the New York stage. At long last here she is again, under the direction of the ever-reliable David Cromer (whose recent credits include “Dead Outlaw” and “Good Night, and Good Luck”). The three characters in Preston Max Allen’s new play are all members of one family, with Moretz in the middle as the daughter of the character played by Amy Landecker (“Transparent”) and the mother of young Caroline (River Lipe-Smith). (Sept. 12-Oct. 19, MCC Theater)

After its successful country musical “Music City” last year, the Bedlam company returns to one of its foundational authors: Jane Austen (Kate Hamill’s adaptation of “Sense and Sensibility” was an early Bedlam hit in 2014). Now Emily Breeze’s new take on “Pride and Prejudice” looks like it’s going to have fun with the Regency superstar’s best-seller: “I haven’t reread the source material since I skimmed it in high school,” Breeze claims. (Sept. 14-Oct. 19, West End Theater)

After dedicating a decade to his “Rhinebeck Panorama” project, which includes the Apple, Gabriel and Michael family cycles, the writer-director Richard Nelson set out for war-torn Kyiv to work with the local Theater on Podil on a staging of his 2008 play “Conversations in Tusculum.” So inspired was he by the experience that he wrote the company this piece, about Ukrainian actors performing “Macbeth” in 1920. The resulting production (in Ukrainian with English supertitles) settles at Nelson’s frequent artistic home, the Public Theater, for a short run. (Sept. 16-21, Public Theater)

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These days weather reporters like Stacey (Julia McDermott) are called upon to deliver apocalyptic accounts of a world either drowning in floods or bursting into flames along with their forecasts. Written by Brian Watkins (the creator of the time-travel Western series “Outer Range”), this solo play straddles satire and warning. (Sept. 16-Oct. 12, St. Ann’s Warehouse)

The most intriguing pairing this month may well be that of Elizabeth Marvel and Tim Blake Nelson. They are not onstage together, though: Marvel stars in this new play by Nelson, who somehow finds time to write (he also has a novel, “Superhero,” coming out in December) in between gigs as an ur-character actor (next up: the film “Bang Bang” and the series “The Lowdown”). Marvel plays a lawyer in a near-future society where the justice system is even more out of whack than our current one. (Sept. 19-Nov. 2, La MaMa)

The title character of Monet Hurst-Mendoza’s play is a young Mexican woman, portrayed by Jacqueline Guillén, who yearns to make a space for herself in bullfighting — which the WP Theater’s site noncommittally refers to as “a controversial practice that we neither condemn nor condone.” Tatiana Pandiani choreographs and directs. (Sept. 20-Oct. 19, WP Theater)

Sally Carson’s play premiered in Britain in 1935 and takes place just a couple of years earlier, in Germany — you can guess what the title refers to. The show, based on Carson’s own novel, presciently tracks the rise of Nazism through the prism of a divided Bavarian family. (Sept. 20-Nov. 1, Mint Theater)

N.Y.U. Skirball plays a vital role in the New York cultural ecosystem by programming radical theatermakers from around the world, albeit for blink-and-you’ll-miss-them runs. Such is the case with this piece by the experimental German company Rimini Protokoll (“Remote New York”) in which Helgard Haug intertwines the disappearance of a Malaysia Airlines flight in 2014 with her father’s slide into dementia. Bonus: a live score by the exquisite Berlin-based musician Barbara Morgenstern and Zafraan Ensemble. (Sept. 25-27, N.Y.U. Skirball)

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Take a Closer Look at These ‘Great’ New York City Trees

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Take a Closer Look at These ‘Great’ New York City Trees
Species Magnolia grandiflora

In 1968, this magnolia tree, then over 40 feet tall, was supposed to be cut down to make way for an apartment complex. Hattie Carthan jumped into action. Ms. Carthan, an environmentalist and activist in the Black community, moved to Brooklyn in 1928 and had a deep love for trees. In 1966, she founded the Bedford-Stuyvesant Beautification Committee, which planted more than 1,500 trees and also taught youth groups about caring for them — not a popular mission at the time. “When I first suggested that we buy trees, I almost got thrown out of the block association,” Ms. Carthan told The New York Times in 1975. “They said, ‘Oh, trees make leaves and you have to sweep.’”

Ms. Carthan was so determined to save the magnolia on Lafayette Avenue, which was estimated to have been planted in about 1885, that she campaigned for it to be designated by the city’s Landmarks Preservation Commission as a living landmark — and won. Today it is the sole remaining landmark tree in New York City.

In 1972, Ms. Carthan created the Magnolia Tree Earth Center, which, despite her death in 1984, continues to educate young people about environmental issues. The center is facing financial hardship, but there is hope that it will be revitalized, said Wayne Devonish, the chairman of its board. “We need to embrace all that it represents in terms of being like a little urban oasis, smack dab in central Brooklyn,” he said. “If we show the tree, and the center, love, hopefully there’s another good 100 — or 200 — years.”

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