David Marom settles decade-long fight with Children’s Magical Garden

Developer David Marom and the Children’s Magical Garden have finally settled their long-running dispute over a plot of land on the Lower East Side.

The community garden’s leaders announced the resolution this week, and said there will be a March 10 gathering to ceremonialize the end of a fight that dates back more than a decade.

Marom, who helms the Horizon Group, agreed to donate the lot at 157 Norfolk Street to the Children’s Magical Garden in honor of his mother. As a result, three separate lawsuits between the parties are being called off.

For more than 40 years, the Children’s Magical Garden has occupied the corner space off Stanton Street, using the land to grow produce and host local community events. But Marom’s purchase of a portion of the garden from Serge Hoyda for $3.3 million threatened the future of the space, as the developer moved to build a seven-story residence.

Marom sought to build a property with a “quality housing” designation, which would allow the construction of something larger than zoning would typically allow, but with a height restriction.

In 2014, outraged advocates tried to take control of the garden by invoking adverse possession, which stipulates that the occupant of a space for over 10 years has a right to ownership. As that case dragged on, Marom filed $20 million worth of defamation claims against the garden and its leadership in 2019.

The New York Supreme Court Commercial Division dismissed Marom’s claims and ruled that he had violated its anti-SLAPP rules against lawsuits intended to harass.

The garden advocates’ own suit alleged harassment on the part of the developer. One allegation was that Marom entered the garden, insulted members and pushed over benches.

Marom could not immediately be reached for comment by The Real Deal.

The case resembles another involving the nearby Elizabeth Street Garden. In September, a state appellate court ruled that a group looking to preserve the Little Italy sculpture garden can appeal to the state’s highest court. The group is opposing city approved plans for a 123-unit affordable apartment building.

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