Residents of 140 Fifth Avenue in the Flatiron District have filed a lawsuit to prevent Ralph’s Coffee, a coffee shop affiliated with Ralph Lauren, from relocating into their building. The dispute centers on whether the coffee shop should be classified as a restaurant, which is prohibited from occupying the ground-floor retail space under current building rules.
The property in question is owned by Ascot Properties NYC. In court documents, Ascot’s lawyer argued that Ralph’s Coffee does not meet the definition of a restaurant but rather qualifies as an eating and drinking establishment, which they claim avoids violating building restrictions.
A lawyer representing the residents disagreed, citing Merriam Webster’s definition: “A restaurant is defined in Merriam Webster as a business establishment where meals or refreshments may be purchased,” according to the complaint filed by the residents.
Concerns among residents stem from previous negative experiences with Nasha Rasha, a Russian restaurant formerly in the space. An affidavit from the co-op board president described “disastrous results” including odors, noise, trash and vermin that were “totally unbearable” for those living above.
The complaint also points to issues observed at another Ralph’s Coffee location two blocks north, referencing “mobs of people on the sidewalk, loud noise and garbage.” In response, Ascot’s attorney suggested that if problems arise after opening, residents could seek legal action then.
If approved, Ralph’s Coffee plans to renovate the 739-square-foot space over eight to nine months. The renovations would include moving walls and adding new finishes and fixtures. Ascot stands to receive $20,000 per month in rent; it purchased the unit in 2016 for $6.4 million.
There are currently 19 residences at 140 Fifth Avenue. Property turnover is rare; the most recent sale was over a year ago when a two-bedroom apartment sold for $2.4 million.
