The Latremie Post

Call it a brew-haha over whether this upscale coffee joint is a restaurant, or an eating and drinking establishment. Either way, residents of a luxury building in a trendy part of Manhattan don’t want it anywhere near their pricey homes. A dispute about that fine distinction is percolating at Ralph’s Coffee in Flatiron, which is planning to move to 140 Fifth Ave. at 19th Street from its current location just two blocks north. Ralph’s the coffee arm of brand behemoth Ralph Lauren is on the verge of signing the lease. But the lease prohibits a restaurant, and the residents living in the lofts above, which sell for millions of dollars, are suing to keep Ralph’s out. They are concerned about noise, trash and vermin, which plagued them in years past when a rowdy Russian restaurant occupied the ground-floor space. “A restaurant is defined in Merriam Webster as a business establishment where meals or refreshments may be purchased,” according to the complaint filed late last month in Manhattan Supreme Court by the residents’ lawyer, Allison Furman. But it’s not a restaurant, insists Brian W. Shaw, the lawyer for Ascot Properties NYC, which owns the retail space that Ralph’s is eyeing. Ralph’s is allowed because it’s an eating and drinking establishment, he wrote in court papers. An eating and drinking establishment is, as mentioned in a 2015 application form for such establishments, part of which Shaw included as a court exhibit, “any commercial use within which food or beverages are offered for purchase, and/or are available to, or are consumed by customers or patrons.” That broad category includes not just restaurants, but also bars and coffee shops, “which are all very distinct types of establishments,” Shaw wrote in court papers. Both lawyers and a representative for Ascot Properties declined to comment. Reps from Ralph Lauren did not return a message. Ralph’s is not a “late night bar or restaurant,” Shaw wrote in court papers. Instead, it is “primarily a high end retail store, which operates between 8: 00 am and 6: 00 pm, selling Ralph Lauren branded merchandise, while also offering customers coffee and pre-prepared food such as pastries, muffins, and yogurt parfaits.” The most recent retail tenant at the bustling location, which is in the Ladies’ Mile Historic District, was Aveda, a hair care store. But before 2015, the tenant was Nasha Rasha, which offered Russian food, 900 kinds of vodka and gypsy performances, according to its defunct Instagram page. That seemingly down-market establishment remained there for less than three years. Above the ground floor, the building holds 19 loft residences that have little turnover. The most recent sale was in mid-2024, when a light-filled two-bedroom dwelling traded hands for $2. 35 million. Renting to a restaurant made for “disastrous results,” according to an affidavit from the co-op board’s president. “Odors from the restaurant seeped into the walls, floors and ceilings of each apartment, as well as the hallways.” What’s more, “the noise from outside . was intolerable, garbage was strewn all around the building and the amount of vermin that the [restaurant] attracted was staggering.” The situation was “totally unbearable” for the people living above. The area’s zoning allows for almost all commercial uses, but “any building is free to impose greater limits than zoning does,” a Department of City Planning spokesperson told The Post. So when the restaurant vacated, a permitted use agreement prohibited certain kinds of tenants, including restaurants and bars. Alcohol is also prohibited, as is live music except for special events. Adding confusion, a juice bar is allowed. And so is food, but under limited circumstances. “Any food served may only be heated in a non vented appliance such as a microwave oven or convection oven,” according to the agreement, which also prohibits odors, music and sounds that would unreasonably disturb others. The agreement makes no mention of coffee or coffee shops. Two blocks north, the current Ralph’s location, with tables and chairs outside, attracts “mobs of people on the sidewalk, loud noise and garbage,” the complaint reads. With sidewalk dining, “the noise from the persons congregating outside of the [restaurant] will be thunderous and undoubtedly exceed the noise requirements set forth in the Permitted Use Agreement,” the lawsuit also states. If Ralph’s arrives, “the odors from coffee and food preparation will permeate the residential units which will render the owners and tenants miserable in their homes,” the lawsuit further says. Plans to renovate the 739-square-foot retail space are currently in “pre-filing status,” according to the Department of Buildings. The renovations would include moving some walls along with installing new finishes, fixtures and a ramp. Ascot bought the retail space in 2016 for $6. 4 million, according to city records. Ralph’s rent would be $20, 000 a month, and the buildout would take eight or nine months. Shaw, the lawyer for the commercial unit, objected to the notion that noise from people congregating outside a coffee shop would be thunderous. “Said allegation is entirely speculative and not supported by common knowledge, let alone evidence,” he wrote in court papers. He suggested that the residents wait and see if problems with noise or odors arise in the future. If so, he wrote, “plaintiff can seek injunctive relief then.”.
https://nypost.com/2025/11/17/real-estate/residents-at-140-fifth-ave-sue-to-keep-out-ralphs-coffee/