A New York City family has filed an emergency lawsuit against their son's cooperative building's board, seeking to halt an eviction vote that could remove their son from his penthouse apartment. The legal action follows a public altercation between the son and a building doorman that allegedly involved racial slurs and physical assault, leading to the arrest of both individuals.
Irving and Carol Karten purchased unit PHC at 339 E. 58th St. in October 2024 for their 57-year-old son, Kevin Karten, a general contractor. The lawsuit, filed against 339 East 58th Street Owners Corp., alleges that the building's board is attempting to evict Kevin, whom they claim is a nuisance, based on what the family asserts are unfounded claims.
The conflict reportedly began on September 17, 2025, when Kevin, who is Jewish, filed a complaint with the building's management firm, New Bedford Management. He accused doorman Lawrence Montgomery of refusing to deliver mail, touching his girlfriend without permission, and subjecting him to antisemitic remarks, including phrases like "a Jew" and "dumb Jew."
A day later, the dispute escalated into a physical confrontation captured on video. Court documents describe an incident where Montgomery allegedly put his phone in Kevin's face, prompting Kevin to knock it away. Montgomery then reportedly struck Kevin, causing an eye injury. During the altercation, Kevin was heard using the N-word multiple times and called Montgomery a "retard." He also allegedly destroyed Montgomery's phone.
Both men were arrested. Montgomery faced charges including assault and harassment, while Kevin was charged with criminal mischief and harassment. The status of these charges remains unclear as the District Attorney's office has sealed the case.
Following the incident, the co-op board issued a notice on October 31, 2025, warning Kevin that further altercations would be considered "continuing objectionable conduct." The Karten family's lawsuit contends that the co-op and management failed to conduct a fair investigation into Kevin's complaints of anti-Semitic conduct and did not provide the protection he requested.
Additional tensions reportedly arose from disputes with neighbors, including a co-op board member. According to court documents, the wife of a board member allegedly told Kevin, "we don’t want you here" and to "go back" after he complained about another alleged anti-Semitic provocation by Montgomery. The family claims Kevin reported this conduct to the board and management.
On July 22, 2026, the board sent a notice scheduling an emergency meeting to vote on terminating the Kartens' lease and evicting Kevin, citing vague claims of harassing a board member. The notice allegedly did not specify the board member involved, the date, time, place, or any evidence related to the alleged event.
The Kartens' attorneys responded with an emergency order to halt the vote, arguing that the notice was defective and that the co-op had not sought Kevin's account of any events. Kevin stated in a court filing that he was not interviewed or asked to respond to any allegations before the notice was issued.
A Manhattan judge issued a temporary restraining order on July 28, 2026, halting the board's termination vote until a hearing scheduled for August 12. The lawsuit seeks to invalidate the co-op's notice, claiming breaches of fiduciary duty, and seeks damages under New York State and City Human Rights Laws for alleged discriminatory and retaliatory practices.