Call it a brew-haha over whether this upscale coffee joint is a restaurant, or an eating and drinking establishment. <\/p>\n
Either way, residents of a luxury building in a trendy part of Manhattan don\u2019t want it anywhere near their pricey homes.<\/p>\n
A dispute about that fine distinction is percolating at Ralph\u2019s Coffee in Flatiron, which is planning to move to 140 Fifth Ave. at 19th Street from its current location just two blocks north.<\/p>\n
Ralph\u2019s is a buzzy coffee spot in trendy Flatiron that\u2019s looking to move two blocks down \u2014 but that building\u2019s residents are trying to block its arrival. Stefano Giovannini for Ny Post<\/p>\n
The space in question is this ground-level retail condo at 140 Fifth Ave. Stefano Giovannini for Ny Post<\/p>\n
Ralph\u2019s is currently located at 160 Fifth Ave. Stefano Giovannini for Ny Post<\/p>\n
Ralph\u2019s \u2014 the coffee arm<\/a> of brand behemoth Ralph Lauren \u2014 is on the verge of signing the lease. But the lease prohibits a restaurant, and the residents living in the lofts above, which sell for millions of dollars, are suing to keep Ralph\u2019s out.<\/p>\n They are concerned about noise, trash and vermin, which plagued them in years past when a rowdy Russian restaurant occupied the ground-floor space.<\/p>\n \u201cA restaurant is defined in Merriam Webster as a business establishment where meals or refreshments may be purchased,\u201d according to the complaint filed late last month in Manhattan Supreme Court by the residents\u2019 lawyer, Allison Furman.<\/p>\n But it\u2019s not a restaurant, insists Brian W. Shaw, the lawyer for Ascot Properties NYC<\/a>, which owns the retail space that Ralph\u2019s is eyeing. Ralph\u2019s is allowed because it\u2019s an eating and drinking establishment, he wrote in court papers.<\/p>\n An eating and drinking establishment is, as mentioned<\/a> in a 2015 application form for such establishments, part of which Shaw included as a court exhibit, \u201cany commercial use within which food or beverages are offered for purchase, and\/or are available to, or are consumed by customers or patrons.\u201d<\/p>\n That broad category includes not just restaurants, but also bars and coffee shops, \u201cwhich are all very distinct types of establishments,\u201d Shaw wrote in court papers.<\/p>\n Both lawyers and a representative for Ascot Properties declined to comment. Reps from Ralph Lauren did not return a message.<\/p>\n Ralph\u2019s serves up a variety of coffee drinks, baked goods and sandwiches. Stefano Giovannini for Ny Post<\/p>\n In appropriate weather, patrons sip al fresco. Stefano Giovannini for Ny Post<\/p>\n Visitors can leave their garbage behind. Stefano Giovannini for Ny Post<\/p>\n Ralph\u2019s is not a \u201clate night bar or restaurant,\u201d Shaw wrote in court papers. Instead, it is \u201cprimarily a high end retail store, which operates between 8:00 am and 6:00 pm, selling Ralph Lauren branded merchandise, while also offering customers coffee and pre-prepared food such as pastries, muffins, and yogurt parfaits.\u201d<\/p>\n The most recent retail tenant at the bustling location, which is in the Ladies\u2019 Mile Historic District, was Aveda, a hair care store. But before 2015, the tenant was Nasha Rasha, which offered Russian food, 900 kinds of vodka and gypsy performances, according to its defunct Instagram page<\/a>. That seemingly down-market establishment remained there for less than three years.<\/p>\n Above the ground floor, the building holds 19 loft residences that have little turnover. The most recent sale was in mid-2024, when a light-filled two-bedroom dwelling traded hands for $2.35 million.<\/p>\n Renting to a restaurant made for \u201cdisastrous results,\u201d according to an affidavit from the co-op board\u2019s president. \u201cOdors from the restaurant seeped into the walls, floors and ceilings of each apartment, as well as the hallways.\u201d<\/p>\n What\u2019s more, \u201cthe noise from outside . . . was intolerable, garbage was strewn all around the building and the amount of vermin that the [restaurant] attracted was staggering.\u201d The situation was \u201ctotally unbearable\u201d for the people living above.<\/p>\n 140 Fifth Ave. is home to apartments that rarely turn over \u2014 and when they do, they fetch millions. Stefano Giovannini for Ny Post<\/p>\n Building residents claim they\u2019re concerned over crowds, vermin and odors. Stefano Giovannini for Ny Post<\/p>\n The area\u2019s zoning allows for almost all commercial uses, but \u201cany building is free to impose greater limits than zoning does,\u201d a Department of City Planning spokesperson told The Post.<\/p>\n So when the restaurant vacated, a permitted use agreement prohibited certain kinds of tenants, including restaurants and bars. Alcohol is also prohibited, as is live music except for special events. Adding confusion, a juice bar is allowed.<\/p>\n And so is food, but under limited circumstances.<\/p>\n \u201cAny food served may only be heated in a non vented appliance such as a microwave oven or convection oven,\u201d according to the agreement, which also prohibits odors, music and sounds that would unreasonably disturb others.<\/p>\n The agreement makes no mention of coffee or coffee shops.<\/p>\n The dispute centers on whether Ralph\u2019s is a restaurant, or an eating and drinking establishment. Stefano Giovannini for Ny Post<\/p>\n Ralph\u2019s is the coffee arm of brand titan Ralph Lauren. Stefano Giovannini for Ny Post<\/p>\n