New York Post

A fight at the ‘garden’

Developer vs. kids

- By PRISCILLA DeGREGORY

A “Grinch-like” real-estate developer who wants to bulldoze part of a Manhattan kids community garden to build apartments once threatened to overturn a port-a-potty on the sanctuary, a lawsuit alleges.

Lower East Side residents have been waging a legal battle since 2014 to protect the decades-old Children’s Magical Garden — located at Norfolk and Stanton streets — from developer David Marom, who wants to build a residentia­l building on part of the public green space.

In the latest salvo of litigation, the garden’s leadership has filed a new Manhattan Supreme Court civil-rights lawsuit seeking legal fees and punitive damages after Marom lost his $20 million 2019 defamation claims against them, which they allege was part of his nearly decade-long campaign to harass and intimidate them into backing off of their mission.

As part of this intimidati­on, Marom once threw a fit in front of parents and kids at the garden — which sits across the street from the elementary school PS 20 — kicking and pushing over benches before threatenin­g to “turn over a port-a-potty into Children’s Magical Garden,” the filing alleges.

Marom’s actions are “meant to interfere with garden’s mission of providing a safe place for children to play and learn about nature and to intimidate and silence the community that is speaking out against Marom’s Grinch-like plan to bulldoze the garden,” according to the court documents.

The garden wardens also say Marom has put up encroachin­g fences on neighborin­g lots, which the Parks Department has ordered him to take down.

He has also sent workers to the area to “destroy trees and dump constructi­on waste,” and his crews have “unloaded dozens of containers filled with rotting garbage” onto the city oasis, the court papers claim.

And Marom’s defamation allegation­s were further proof of “his ruthless campaign” against them “for simply repeating the claim Lower East Side residents have made for decades: This land belongs to the garden,” the suit says.

“Plaintiffs are of limited means and Marom knew he could never recover the multimilli­on-dollar judgment he sought,” the court documents claim, noting the case could have been meant only to harass and intimidate them.

Lawyers for Marom did not immediatel­y return a request for comment.

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