The age-old question of whether or not a hot dog is a sandwich is giving way to an even more important debate in the Flatiron District: is a coffee shop a restaurant?
Those are the grounds through which residents of 140 Fifth Avenue are suing to stop the pending arrival of Ralph’s Coffee, the New York Post reported. The namesake coffee chain of Ralph Lauren is seeking to relocate from 160 Fifth Avenue.
Restaurants are barred from taking the retail space on the building’s ground floor, a commercial condominium owned by Ascot Properties NYC.
Residents had a bad experience with a Russian restaurant years ago, when Nasha Rasha’s presence led to “disastrous results” according to an affidavit from the co-op board president, who complained of odors, noise, trash and vermin, all of which were “totally unbearable” to the residents above.
But Ascot’s lawyer claimed in court documents that Ralph’s is not a restaurant, but an eating and drinking establishment, which the attorney claims sidesteps the issue.
A lawyer for the residents disagrees.
“A restaurant is defined in Merriam Webster as a business establishment where meals or refreshments may be purchased,” read the complaint from the residents.
Residents are wary of what they see two blocks north at the Ralph’s location in operation. The complaint references “mobs of people on the sidewalk, loud noise and garbage.” But the lawyer for Ascot objected to the complainants’ concerns and instead suggested that if there are problems with the business after it opens, they “can seek injunctive relief then.”
Should Ralph’s sign on the dotted line, the shop plans to renovate the 739-square-foot retail space, moving around walls and adding finishes, fixtures and a ramp. Buildout would take eight to nine months and Ascot would benefit to the tune of $20,000 a month in rent; it acquired the unit in 2016 for $6.4 million.
There are 19 residences at 140 Fifth Avenue, which doesn’t see a frequent amount of turnover. The most recent sale took place more than a year ago when a two-bedroom unit traded for $2.4 million.
— Holden Walter-Warner
Read more
Flatiron’s retail market offers a bright spot in Manhattan
Flatiron Building developers unveil pricing for 18 units of the conversion
NYC’s top deals: Flatiron office building trades for $13M
