ITKOWITZ PLLC STORIES

Philadelphia Skyline

Out with the Olde [Bikini Bar] and in with the New [Brit Bar]!

December 2012 - January 2013

We represented the Owner of multiple buildings in Tribeca against a  particularly difficult tenant who presented a slew of issues.  The tenant had been operating a bar in the space for ten years and had had had multiple run-ins with the Owner, the State Liquor Authority and the New York City Police Department.  As the tenant sought to renew his lease, the City of New York commenced a nuisance action against both the Tenant and the Owner, alleging that the Tenant’s bar had served alcohol to underage auxiliary police officers.  Among other relief, the City sought permanent injunctions against the Owner, Tenant and Premises and ultimately the closure of the Premises.  All the while, the Owner had also identified a new potential tenant for the Premises which sought to open a more upscale restaurant/bar, but the Owner could not warrant that the Premises would be vacant and, as the City’s action was pending, could not warrant that the Premises could be used for the intended purpose in the future.

We negotiated with both the City and the Tenant on behalf of the Owner.  Itkowitz was able to hammer out an agreement with the Tenant that led to the peaceful surrender of the Premises.  Simultaneously, Itkowitz fought hard against the City and, ultimately, ensured that the City dropped its charges against the Owner, erasing any possibility of injunction or closure of the Premises and clearing the way for the Owner to lease the Premises to its prospective tenant. 

We negotiated and drafted a new lease and guaranty between the Owner and the new tenant, the Cricketer Arms, which lease was signed in 2012.  The new tenant recently obtained its liquor license and opened its British-themed pub and sports bar at the Premises.  By all accounts, the new bar and restaurant has been successful since its opening and is a welcome addition both to the building and the neighborhood.

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On another commercial leasing note -- we handled the leasing transaction for the landlord that gave rise to the YogurtLand shop in Park Slope, Brooklyn, which was the source of much internet hype.  After an extensive build-out, YogurtLand opened its doors just after New Years Day 2013. 

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