Dispute Over Backyard Flea Market Preceded Mary’s Bar Demise

Soon after owner Sylvia Holden announced the closure of Mary’s Bar (708 5th Ave at 22nd Street), neighbors and other regulars of the South Slope watering hole flocked to its farewell party on Sunday, April 24, but the circumstances that lead to its demise remained a mystery.

Beloved by many, the bar’s owners had a history of friction with the landlords of the property — Jack Rothstein and Marty Koszack — and certain residential tenants who lived in the building, the Stoop has learned.

While these tensions were prevalent through most of the bar’s existence, the issue of a backyard flea market ultimately led to the eviction of the local spot, according to an the legal eviction notice, highlighting some of the challenges nightlife establishments face in a quiet, primarily residential areas.

“You are using the premises for an unauthorized purpose in that, you are operating a Flea Market called ‘Barnyard Flea’ in the rear yard without prior written consent of the landlord,” states the “5 Day Notice Of Termination” document.

Holden opened the “Barnyard Flea” —  which operated backyard of the bar from 12pm-6pm on Saturdays and Sundays — in on May 16, 2015, but says the landlords have mischaracterized the event.

“It was a friendly environment, and neighbors loved coming,” she tells us. “Several neighbors have actually thanked us and have said, ‘the neighborhood needs this.'”

In her description of the flea, she writes:

“We had food vendors and Minimal Hustle which is my fiancé Davin Che’s T-shirt brand. You would choose your screen and he would print it. I am a designer so I had my handbags and some of my clothing often, the neighbor who plays bongos would sometimes come, we had a coffee kiosk, people would bring their garage sale items.”

“One of our bar customers, Laura Voyner, planted moon flowers and morning glories that climbed the fence. It really was a neighborhood thing.”

But the landlords tell a different story. When we contacted Rothstein and Koszack to inquire about Holden’s alleged infractions, Koszack told us that she also hadn’t been paying rent.

“We provided a great space for her, and it just didn’t work out,” he said.

Holden adds that the issues with the landlord pre-date the flea market eviction notice, including a $5000 water bill which Holden says she wasn’t aware she needed to pay, dilemmas over sound proofing of the business, as well as garbage overflow from the residential building upstairs from Mary’s. She estimates that there were approximately 30 court dates over throughout her history as the owner. “I know every single floor of that courthouse,” she says.

Holden also disputes the landlords’ assertion that activity at Mary’s posed a nuisance for residents of the building. In one case, when a tenant complained that smoke from the backyard was blowing into the balcony of her apartment, Holden says she took immediate action to address the concerns.

“We reconfigured our layout and resolved the issue,” writes Holden. “Since the encounter, the tenant has been incredibly polite and frequently patronizes and supports our flea market.”

However Holden said there were legal reasons that she did not pay the rent. “When you evict someone as a landlord, you can’t collect rent is correct. The suit ended in Dec[ember]  and that’s when I started paying rent again,” she writes.

In addition to the landlords, Holden says that she has struggled with Eddie Torres, the building’s superintendent. “It got to the point where it wasn’t worth fighting anymore, she says. “When you’re operating a business, you want people to feel happy, to feel good. That wasn’t happening anymore. If I had deeper pockets, I’d still be trying to keep us open.”

At the moment, Holden says she doesn’t have plans to open another bar. “I have a bad taste in my mouth from Brooklyn landlords,” she says.

“Bars are very vulnerable. Anyone can complain about problems — tenants of the building, neighbors, and the landlords,” says Holden. “People can say anything it will need to be investigated. It was very hard to see this happening here.”