A portion of the property behind One Sutton Place South was the subject of a dispute between the building's owners and the New York City Department of Parks and Recreation.

In 1939, city authorities took ownership of the property behind One Sutton Place South by condemnation in connection with the construction of the FDR Drive, then leased it back to the building.

[2][3] The co-op tried unsuccessfully to extend the lease, and later made prospective apartment-buyers review the legal status of the backyard and sign a confidentiality agreement.

[4] The question of ownership came to a head in 2003 when the state's Department of Transportation began rehabilitation of FDR Drive between 54th and 63rd Streets and threatened to tear up the garden to fix the deck.

[6] Residents have included John Fairchild, publisher of Women’s Wear Daily; and actress Sigourney Weaver.