A wealthy couple have become embroiled in a lawsuit with their elderly neighbors over plans to build an underground swimming pool in their $30 million New York City home.
Brittany Morgan, 37, and her husband Zachary Kurz, 39, are feuding with neighbors Ben and Barabara Cohen over the proposals for their Upper East Side townhouse.
Morgan is a member of the family that operates Morgan Properties, a national real estate investment and management company, while Kurz runs a hedge fund.
The couple bought the double-wide home in May 2023 and have lodged plans to gut the property and expand it for an unknown sum.
But the Cohens claim the year-long construction plan would damage their own home and health.
After months of back and forth between the two and no signs of agreement in sight, Morgan and Kurz sued the couple for access in August.
Under the law any projects that encroach on an adjacent property to have property protections in place, including a licensing agreement for access.
But the Cohens have since filed a countersuit was for ‘adverse possession’, since any work would intrude on a 1-foot parcel of their land with their lawyer claiming the construction would aggravate Cohen’s asthma and damage their quality of life.
Brittany Morgan, 37, and her husband Zachary Kurz, have plans in place to build their own underground swimming pool inside their Upper East Side townhouse
The couple bought the home in May of 2023 for $30 million and have lodged plans to gut the property for an unknown sum and join two townhouses together
The negotiations did not always begin with such hostility, as an email sent by Morgan included in her lawsuit indicates.
‘It was so nice to get together at your beautiful home before and I want to give you an update on where we are and let you know the status thus far,’ the email read.
‘We understand the project will require license agreements and would like to set a meeting with our team to walk through the project scope and associated work that affects your property so that all is handled smoothly and efficiently for all.
Neighbor Ben Cohen, seen here, works in the city as an ophthalmologist and opposes the plans
‘I am so looking forward to joining the 77th block with you as such wonderful neighbors!’
But not long after the apparently friendly relationship evaporated, with a lawyer representing the Cohen’s expressing concern of their ‘quality of life issues’.
Attorney David Peraino said in an email dated April of this year: ‘My client has both asthma and lung nodules.
‘He is extremely concerned about the issue of dust caused by your client’s excavation and its effects on his health.’
Peraino went on to say that Barbara Cohen would be present in the address throughout the day as the work was carried out.
‘Your client will be excavating through rock for nearly a full calendar year, which will destroy her ability to quietly enjoy her home’, he added.
Her husband works in the city as an ophthalmologist, while Barbara is a retired dermatologist.
Peraino added that Barbara had anticipated she would spend most of her time in Connecticut, but due to her husband’s work in the city he was unable to do so.
Negotiations between the neighbors began pleasantly, as this email shows, before deteriorating
The two properties at 17 and 15 East 77th owned by the couple are seen here in the middle, the Cohen’s home is 13 East on the right
‘The project will have a significant effect on their relationship, and will prevent Barbara from living in their home owing to the disturbance to their everyday living’, Peraino said.
The couple also cited potential damage to their wine collection, their trove of folk art which extends to 168 items, and a chandelier in their home.
According to their lawyer, the chandelier is ‘extremely valuable’ and one of only two made, the other is allegedly in the Lincoln Room in the White House.
Experts quoted estimated that temporary storage for the art and wine would cost more around $63,000, while it could cost up to $204,000 in cleaning costs ig they were kept at home.
The two families also disagreed over their licensing fee, some of the paperwork mentions a fee of $3,500 to $4,000, while the Cohen’s suggested $20,000 a month which would increase if the project runs over.
Plans filed as part of the court records indicate two different timelines, one says the entire renovation would last for 21 months, another says three-and-a-half years.
Peraino told Morgan and Kurz’ lawyer Kevin Grande: ‘We implore your client to simply scale back its project.
The couple had hoped to join two townhouses together with their own underground pool,
The plans for the address in the Upper East Side are seen here, with the idea being to make the two properties one
‘Its desire to have an underground swimming pool is causing enormous inconvenience to its directly adjacent neighbors.’
Plans highlight that construction on the pool would require, ‘up to 24 feet below the existing rear yard’ to be excavated.
The plan adds that, ‘pile drilling rigs, conveyors, mini excavators, jackhammers, bobcats, concrete trucks’ would have to be brought in on weekdays.
Grande said the demands made by the Cohen’s were ‘palpably unreasonable’, saying the inconvenience was ‘trivial’ and that a modest licensing fee was $500 a month.
Peraino said Morgan and Kurz were ‘blatantly disregarding’ the health risks associated with such upheaval.
An air monitoring consultant said in a safety plan filed in the court papers that the current plan in place for safety was ‘deficient’.
Grande said that without access the project would not move forward or ‘benefit the community’.
Peraino shot back that a pool underground, ‘offers no benefit whatsoever to the community and only benefits one party at the cost of every one of its neighbors.’
In a statement to The New York Post, the Cohens said: ‘We are not opposed to reasonable construction where neighbors consider the impact of their projects on the ability of their neighbors to peacefully enjoy their homes.
‘This project is excessive in scope given the neighbor’s desire to install a swimming pool in their basement, and has great impact on the integrity of our lives and our home.’
The Daily Mail has approached lawyers for the two parties for comment. The next hearing in the suit is to take place next week in Manhattan.
