Rich neighbours sue each other over ‘inconvenient’ underground pool

A property heiress and her hedge fund manager husband are locked in a legal battle with their neighbours over renovations to their Manhattan mansion.

Brittany Morgan, a member of the Morgan Properties family, and Zachary Kurz own a six-storey townhouse on New York City’s Upper East Side.

Morgan, 37 and Kurz, 39, bought the property in 2023 for around $US30 million ($45.4 million).

Last year, the couple lodged plans with the city’s council to extensively renovate the property and add a swimming pool in the basement.

Yet, not everyone was happy with their proposal.

The couple’s next-door neighbours, Ben and Barbara Cohen, are trying to halt the project, the New York Post reports.

The Cohens, both doctors in their 70s, claim the project will disrupt their lives, cause harm to their health and risk damaging their wine and art collection.

In August this year, Morgan and Kurz sued the Cohens for access to their property. 

The following month, the Cohens countersued for “adverse possession”. 

The Cohens claimed the renovation would intrude on a 30-centimetre piece of land in their backyard. 

The Post quotes an email from the Cohens’ lawyer, David Peraino, warning Morgan and Kurz’s lawyer, Kevin Grande, that the renovation could cause “quality of life issues”. 

“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,” the publication quoted Peraino’s email.

The Cohens are also worried dust and vibration from the excavation could damage their 168 pieces of artwork, a valuable chandelier, antique furniture and glassware. 

They estimated post-construction cleaning costs for the collection could be upwards of $US157,000 ($237,000), while storing the items offsite would also cost thousands. 

“We implore your client to simply scale back its project,” The Post quoted Peraino’s email.

The Cohens and Morgan and Kurz are also in disagreement over a licensing fee to place a scaffold on the Cohens’ roof. 

Court records mention fees of around $US3500 ($5000) to $US4000 ($7500) a month. The Cohens have also suggested a licensing sum of over $US20,000 ($30,000) a month. 

Grande responded in an email stating the Cohen’s demands were “palpably unreasonable”, the media outlet said.

Grande suggested a lower licensing fee of $US500 ($758) a month. 

In a statement to The Post, the Cohens said they were “not opposed to reasonable construction on the ability of their neighbours to peacefully enjoy their home”.

The lawsuit remains ongoing.