A real estate executive has become embroiled in a legal battle with Strokes bassist Nikolai Fraiture over who owns the yard behind their homes.
Toby Dodd, president of Cushfield and Wakeman, and his wife moved into $3.3million 42 King Street in Soho, New York, in 2017.
The couple later bought the garden at 44 King Street as well as a ground-floor room in the building for $300,000 from the previous owner, according to court papers.
But the couple has been stuck in an ongoing war with Fraiture, 44, and his wife, Ilona, since 2019, when they purchased a ground-floor unit in 44 King Street and the basement.
Dodd claims that the musician, whose band won a Grammy in 2021, is ‘fixed’ on the green space and is determined to make it his own.
A real estate executive has become embroiled in a legal battle with Strokes bassist Nikolai Fraiture over who owns the yard behind their homes
The garden is owned by the Dodds, who live at number 42 King Street – with the garden access spilling over into 44 King Street
Fraiture sued the Dodds in 2021, claiming that their two units were illegally combined, and it prevented them from completing their desired renovations between the first floor and cellar.
The previous owner of 42 King Street and the garden combined the properties and created a terrace, which linked to the parlor room over the property border.
Toby Dodd, president of Cushfield and Wakeman, and his wife moved into $3.3million 42 King Street in Soho, New York, in 2017
Legal filings show that the Dodds bought both properties in that state, with the Fraitures claiming they have failed to ensure it is structurally sound and say it could be at risk of collapse.
Dodd and his wife say that the 45-by-40-foot area of greenery is the ‘real value’ of the property because it is so unusual in Manhattan.
It was hailed by the New York Times for its ‘treasure-like quality’, according to court papers obtained by DailyMail.com.
A countersuit has now been filed by the Dodds against the Fraitures, claiming that their motivation is ‘simple’ adding: ‘the Dodds have exclusive rights over the building’s garden and the Fraitures want it for themselves.’
Lawyers for the Fraitures argue in their legal filing that the entire premises is illegal, and that the Board ‘places the interests of the Dodds above the Co-op as a whole.’
It added that they are unable to move in because of the ‘dangerous conditions’, stating: ‘Plaintiffs could not proceed with their contemplated construction and continue to incur substantial carrying costs despite being unable to use and enjoy their home.’
The previous owner of 42 King Street and the garden combined the properties and created a terrace, which linked to the parlor room over the property border
Legal filings show that the Dodds bought both properties in that state, with the Fraitures claiming they have failed to ensure it is structurally sound and say it could be at risk of collapse
Lawyers for the Fraitures argue in their legal filing that the entire premises is illegal, and that the Board ‘places the interests of the Dodds above the Co-op as a whole.’ Pictured: Floor plans for 44 King Street (left) and 42 (right)
The documents also claim that the room that was bought by the Dodds possibly draws electricity from the property bought by the Fraitures – adding that it was ‘subdivided without input from any government authority.’
In a statement to the New York Post, lawyer for the Fraitures, Bradley Silverbush said the Dodds ownership of the garden is a ‘false assumption’.
Silverbush said: ‘Think of it this way: if I told you that I had a bridge to sell and you bought it from me, would that make you the owner of that bridge?
‘No, it would not. Based upon everything I have seen to date, I believe that the Dodds’ claim of ownership is, at best, questionable.’
The counter-suit by the Dodds claims that the Fraitures have been trying to unfairly oust the couple from the property.
It states: The Dodds have never wavered at their unwillingness to part with the Garden. … Rather than accepting that reality, the Fraitures launched a still-ongoing scheme to force the Dodds out of 44 Kings and take the Garden for themselves.
‘Other residents had commented that prior to the Fraitures’ arrival, 44 King was a very pleasant community in which to live, but the Fraitures had created an unsettling, tension-filled environment for all.’
A Manhattan judge granted the Dodds’ request to prevent the Fraitures from booting them from 44 King until June.