A real estate manager has become embroiled in a legal battle with Strokes bassist Nikolai Fraiture over who owns the garden behind their houses.
Toby Dodd, president of Cushfield and Wakeman, and his wife moved into .
3 million at 42 King Street in Soho, New York, in 2017.
The couple later bought the yard at 44 King Street and a ground-floor room in the building for $300,000 from the previous owner, according to court documents.
But the pair have been locked in an ongoing war with Fraiture, 44, and his wife, Ilona, since 2019 when they bought a ground-floor apartment at 44 King Street and the basement.
Dodd claims the musician, whose band won a Grammy in 2021, is “fixed” with the green space and determined to make it his own.
A real estate manager is involved in a legal battle with Strokes bassist Nikolai Fraiture over who owns the garden behind their houses
The garden is owned by the Dodds, who live at number 42 King Street – access to the garden continues at 44 King Street
Fraiture sued the Dodds in 2021, claiming that their two units had been illegally merged, preventing them from completing the desired renovation between the first floor and basement.
The previous owner of 42 King Street and the garden combined the buildings and created a terrace, which connected across the property boundary to the drawing room.
Toby Dodd, president of Cushfield and Wakeman, and his wife moved into $3.3 million 42 King Street in Soho, New York, in 2017
Legal documents show the Dodds bought both properties in that state, with the Fraitures claiming they failed to ensure it is structurally sound and saying it could be on the brink of collapse.
Dodd and his wife say the 14-by-12-foot green area is the property’s “real value” because it’s so unusual in Manhattan.
It was praised by the New York Times for its “darling quality,” according to court documents obtained by DailyMail.com.
A countersuit has now been filed by the Dodds against the Fraitures, claiming their motivation is “simple” and adding, “the Dodds have exclusive rights to the building’s garden and the Fraitures want it for themselves.”
Lawyers for the Fraitures state in their legal filing that the entire property is illegal and that the board “puts the interests of the Dodds above the Co-op as a whole.”
It added that they are unable to move in due to the ‘dangerous conditions’, stating: ‘Plaintiffs were unable to proceed with their proposed construction and continue to incur significant carrying costs despite being unable to use and benefit from their home to enjoy.’
The previous owner of 42 King Street and the garden combined the properties and created a terrace, which connected across the property line to the parlor room
Legal documents show the Dodds purchased both properties in that state, with the Fraitures claiming they failed to ensure it is structurally sound and saying it is on the brink of collapse
Lawyers for the Fraitures state in their legal filing that the entire property is illegal and that the board “puts 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 allege that the room purchased by the Dodds may draw electricity from the property purchased by the Fraitures – adding that it was “distributed without input from any government agency.”
In a statement to the New York Postattorney 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 I had a bridge to sell and you bought it from me, would you own that bridge?
‘No, it wouldn’t. From everything I’ve seen so far, I believe the Dodds’ title claim is questionable at best.”
The Dodds’ countersuit alleges that the Fraitures attempted to unfairly evict the couple from the property.
It reads: The Dodds have never doubted their unwillingness to part with the Garden.
… Rather than accept that reality, the Fraitures launched a still-ongoing plan to force the Dodds out of 44 King and take the Garden for themselves.
“Other residents have commented that before the arrival of the Fraitures, 44 King was a very nice community to live in, but the Fraitures have created an unsettling, tense environment for everyone.”
A judge in Manhattan granted the Dodds’ request to prevent the Fraitures from booting them until June of 44 King.