A affluent couple are involved in a legal dispute with their senior neighbors regarding plans to construct an underground swimming pool at their $30 million property.New York City home.
Brittany Morgan, aged 37, and her husband Zachary Kurz, 39, are involved in a dispute with their neighbors, Ben and Barbara Cohen, regarding plans for their townhouse on the Upper East Side.
Morgan is part of a family that owns Morgan Properties, a nationwide real estate investment and management firm, whereas Kurz manages a hedge fund.
The couple purchased the double-wide house in May 2023 and have submitted plans to completely renovate the property and increase its size for an unspecified amount.
However, the Cohens assert that the one-year construction project would harm their residence and well-being.
Following several months of negotiation between the two parties with no indication of reaching an agreement, Morgan and Kurz filed a lawsuit against the couple in August seeking access.
According to the law, any projects that interfere with a neighboring property must have property safeguards in place, such as a permit for entry.
But the Cohens have subsequently submitted aA countersuit was filed regarding 'adverse possession,' as any construction would encroach on a 1-foot section of their property, with their attorney arguing that the building would worsen Cohen's asthma and negatively impact their living standards.
The discussions did not consistently start with such aggression, as an email from Morgan, part of her legal case, reveals.
"It was wonderful to meet at your lovely house, and I wanted to provide you with an update on our progress and let you know where we stand so far," the email stated.
We recognize that the project will involve license agreements and would like to schedule a meeting with our team to review the project scope and the related work that impacts your property, ensuring everything is managed smoothly and efficiently for everyone involved.
I can't wait to be part of the 77th block with you as amazing neighbors!
However, not long after the seemingly amicable relationship dissolved, a lawyer representing the Cohen family raised concerns about their 'quality of life issues'.
Attorney David Peraino mentioned in an email from April of this year: "My client suffers from asthma and has lung nodules."
He is deeply worried about the dust generated by your client's excavation and its impact on his well-being.
Peraino added that Barbara Cohen would remain at the location all day while the work was being done.
"Your client will be digging through rock for almost an entire calendar year, which will prevent her from peacefully enjoying her home," he added.
Her spouse works in the city as an ophthalmologist, whereas Barbara is a former dermatologist.
Peraino mentioned that Barbara had expected to spend the majority of her time in Connecticut, but because of her husband's job in the city, he was unable to do so.
"The initiative will greatly impact their relationship and will keep Barbara from residing in their house due to the disruption in their daily life," Peraino stated.
The pair also mentioned possible harm to their wine collection, their extensive folk art collection consisting of 168 pieces, and a chandelier in their residence.
As per their legal representative, the chandelier is considered "extremely valuable" and one of just two in existence, with the other reportedly located in the Lincoln Room at the White House.
Experts cited estimated that temporary storage for the art and wine would exceed $63,000, whereas cleaning expenses could reach as much as $204,000 if they remained at home.
The two families also had a disagreement regarding their licensing fee, with some documents indicating a charge between $3,500 and $4,000, whereas the Cohen family proposed $20,000 per month, which would rise if the project exceeds its timeline.
Court documents reveal two distinct schedules, one stating the full renovation would take 21 months, while the other estimates it at three and a half years.
Peraino said to Morgan and Kurz's attorney Kevin Grande: "We urge your client to merely reduce the scope of its project."
It longs for a subterranean swimming pool, which is creating significant trouble for those who live right next to it.
Plans indicate that building the pool would involve excavating 'up to 24 feet below the current back yard'.
The plan states that, 'pile drilling rigs, conveyors, mini excavators, jackhammers, bobcats, and concrete trucks' would need to be brought in during weekdays.
Grande claimed the requests from the Cohen family were "clearly unreasonable," stating the hassle was "minor" and that a reasonable royalty fee would be $500 per month.
Peraino stated that Morgan and Kurz were "clearly ignoring" the health dangers linked to such disruption.
A safety expert mentioned in a court-submitted document that the existing safety protocol was 'inadequate'.
Grande stated that without access, the project would not proceed or "benefit the community."
Peraino countered that an underground pool, "provides no real advantage to the community and only serves one party while harming all its neighbors."
In a statement to The New York Post, the Cohens stated: 'We do not object to sensible development as long as neighbors take into account how their projects affect the ability of others to peacefully enjoy their residences.'
This initiative is overly broad considering the neighbor's intention to build a swimming pool in their basement, and it significantly affects the stability of our lives and our house.
The Daily Mail has contacted legal representatives from both sides for their input. The following court session in the case is scheduled for next week in Manhattan.
Read more- What is the reason behind Cooper Cronk and Tara Rushton's intense dispute regarding a multi-million dollar renovation in exclusive Georges Heights?
- Why do opulent "man caves" result in penalties and legal disputes, as neighbors experience a loss of privacy?
- Is the confidentiality of individuals and their psychological well-being threatened due to conflicts between neighbors concerning the upcoming summer house dispute?
- Is the $5 million renovation of Andy Lee and Rebecca Harding's mansion causing a dispute in the neighborhood due to the "terrible" noise from the construction?
- Why are neighbors upset about the prolonged process of Anthony Minichiello's 'unattractive' house renovation?
Posting Komentar