Two property disputes: ASH in Queens and Knotel in Manhattan

Developer ASH Development filed a lawsuit yesterday alleging that the owners of neighboring parcels in Kew Gardens, Queens, are seeking to sell their own property for $4.1 million but in selling they may extinguish an easement Ash claims to have on the property.

Ash is developing an eight-story, 21-unit apartment building at 117-03 Curzon Road. The Ash project relies on an easement covering a portion of 117-05 and 117-07 Curzon Road, which is owned by Esther Merling.

The complaint says marketing material offering the Merling property for sale depicts the lot to be sold and developed as including the entirety of the easement areas. The complaint views that as a threat to the easement, and says, “upon information and belief, Esther Merling, assisted by defendant Zvi Merling, is in the process of executing a contract for the sale of the two Merling Properties to a developer whose identity is not presently known.”

The owner of 307 Fifth Avenue in Midtown South, James Haddad, filed a lawsuit yesterday claiming co-working owner Knotel owes back rent totaling $221,032.

The 10-year lease was signed in August 2018 and covered the floors 9, 13 and 17 of the building, which as of April 2020, had a fixed rent of $52,126 per month.

The suit alleges Knotel is behind $221,032 in rent.