By: Ellen Cans
A judge has dealt another blow for the developer trying to bulldoze a section of the Children’s Magical Garden on the Lower East Side.
As reported by the NY Post, on Wednesday Manhattan Supreme Court Justice Andrea Masley ruled that The Horizon Group intentionally deleted emails tied to the ongoing court dispute regarding the green space. Since back in 2014, the developing company led by David Marom, has been plagued with legal battles and several lawsuits by residents and activists who wish to preserve the city oasis, located at the corner of Norfolk and Stanton Streets.
This week, in the latest development, the judge decided that Horizon destroyed emails which could have helped the residents’ case in proving their accusations that the real estate company told its workers to “destroy trees and dump construction waste” onto the park in the Spring of 2019. The garden’s wardens allege that the developer’s workers “unloaded dozens of containers filled with rotting garbage” onto the property.
Mr. Marom denied the allegations of dumping onto the property, but the judge said Marom admitted to randomly deleting emails, including ones relating to his property, at 157 Norfolk Street, which shares borders with the garden. “According to Marom, emails were permanently deleted, emails that could have contained communications about 157 Norfolk,” Judge Masley wrote.
Therefore, if the case goes to trial jurors can make “an adverse inference against Marom, specifically against his position that neither he nor his workers were principally involved in the incident—i.e., throwing garbage in the traffic barriers … and cutting down trees and branches,” the decision reads. The judge ordered Horizon to pay the garden’s legal fees for fighting this issue.
Back in December, a judge had also dealt another blow against the developer ruling that he had trespassed on the garden in putting up restrictive fencing around sections of the green space. Horizon is still in the process of appealing that decision. The decades old garden, which sits across from P.S. 20, was meant to be a sanctuary for kids. The problem is that not all the garden is on the city-owned lot. Part of the garden is on the private property belonging to Horizon, a Yonkers-based real estate firm.
As per the Lo-Down, the developer had purchased the vacant land in January 2014 for $3.35 million, with hopes of constructing a six-story residential project. The garden, however, immediately slapped the developer with a lawsuit in state Supreme Court, making what’s known as an “adverse possession” claim. The garden claims that the land was abandoned and therefore they are the rightful owners now. The garden’s suit is claiming unspecified damages against Horizon as well as the previous owner.
Kate Temple-West, president of the garden, said they will continue fighting for the space. “We will continue to protect this precious sanctuary for our community’s children, and hope this ruling sends that message loud and clear,” Temple-West told The Post.
Lawyers for Marom did not immediately return a request for comment by the Post on Thursday.
