Just recently, you must have heard of the Nikolai Fraiture lawsuit in the headlines on some blog posts and websites, and they’re making it super dramatic as some big real estate scene in the country or in the area, but is that the full picture? Not even close, actually! This case is only about a shared garden and it is being solved through a clear legal way, and there is no such dramatic legal battle going on, but still, let’s check the details to clear all your doubts.
How This Whole So Called “Secret Garden” Dispute Even Started
Alrighty then, here’s the simple version.
So, for that, let’s go back to the year 2017 when Toby Dodd and Julie de Pontbriand, a pair of newlywed, you know, he is a real estate executive, acquired a ground-floor apartment at 42 King Street for just over $3.3 million. The purchase also included a private backyard garden which, in Manhattan lingo, is pretty much equivalent to unearthing a hidden treasure, and that’s a big thing right there. Moreover, they bought a small room and the garden space next door at 44 King Street for around $300,000.
And sure enough, after that, in 2019, Nikolai Fraiture and his wife, Ilona, went ahead and bought an apartment with a basement space at 44 King Street in that very building. So?
For some time, things were OK, until in 2021, everything went sideways.
Just to brief you on what really went wrong, see, Fraiture brought a lawsuit against the Dodds saying that they had illegally merged two properties, one at 42 King Street and the other at 44, including the gardens. In his understanding, outlined in court documents, he thought that the merging of those properties violated the building and co-op rules. In simple terms, he argued that the area was not meant to be joined like that at all.
What Each Side Is Actually Arguing About
Without going too in-depth here, let’s get on with what the core issue is and what claims are being tossed around. Shall we?
So, first of all, Fraiture’s lawyer claimed that the shared wall between both buildings had been illegally connected by removing the existing walls, and the apartments had become linked before 1985. As per the details that came out to the public in this case, at the time the co-op was officially established, it was required that the portions remain separate, but apparently, that didn’t happen. Therefore his point was the Dodds really couldn’t “own” a part of 44 King Street or its garden because their agreement was based on an unapproved property.
And sure enough, because there are two parties disagreeing with each other, on the other hand, the Dodds had a different story. Like? First of all, they maintained that they purchased everything that was included in the sale as per the information given to them like the small room, the garden, everything. They alleged that Fraiture and his wife had been trying to oust them and take over the garden by their influence on the co-op board. (Fraiture was in fact president of the board at some point.)
Where Things Stand Now (And Why It’s Not as Dramatic as It Sounds)
Oh, the good news? No one is being evicted, no one is being arrested, and the argument hasn’t escalated beyond civil court. That’s pretty much the stance now.
According to the recent documents in 2023, those two families are still living there (in their respective apartments, of course), and there is no such dramatic battle going on as it is being portrayed in some blog posts and news articles out there. It is not like that at all!
