Park or playground? New York development hinges on definition

New York

WHETHER an East Harlem ballpark will give way to what could be the tallest building between Midtown Manhattan and Boston may hinge upon the definition of a park versus a playground.

The latest battle between New York's preservationists and developers is being waged over a 1.5 acre (0.6 ha) parcel of jungle gym and soccer and baseball fields, known as the Marx Brothers Playground.

Preservationists say that there is no question that the space is a park. The city Parks Department has maintained the lot, wedged between 96th and 97th streets on Second Avenue, since 1947. The department's leaf symbol adorns a plaque affixed to the gate.

But city officials, who plan to partner with the developer AvalonBay to turn the site into a 68-storey tower with school facilities, retail space and a mix of market-rate a…