Pryor Cashman Obtains Mandatory Preliminary Injunction Restoring Client 212 Restaurant and Bar to Its PremisesMay 1, 2012
Pryor Cashman won a major victory for its client, the renowned 212 Restaurant and Bar, when N.Y. State Supreme Court Justice Ellen M. Coin granted a mandatory preliminary injunction restoring 212 Restaurant to its commercial space after having been illegally locked out by its landlord in January 2012. The case, which is pending in New York County, is PK Restaurant, LLC d/b/a 212 Restaurant and Bar v. 133 East 65th Street Associates LLC and 133 East 65th Street Corporation.
In February 2010, the building that housed 212 Restaurant suffered a fire and 212 Restaurant was forced to close. For the next two years, 212 Restaurant fought to restore the building and re-open the restaurant for business but was met with resistance by the landlord. Then, during the first week of January 2012, the landlord changed the locks to the building and forcibly evicted 212 Restaurant, which constituted wrongful eviction under New York law.
Based on the landlord’s wrongful conduct, Pryor Cashman in March 2012 moved on behalf of 212 Restaurant for a mandatory preliminary injunction immediately restoring the restaurant back into the building. Agreeing with Pryor Cashman’s arguments, Justice Coin on April 25, 2012 granted the preliminary injunction and ordered the landlord to immediately restore 212 Restaurant to the building. The landlord has since turned over the keys.
Representing 212 Restaurant in successfully obtaining the mandatory preliminary injunction were Partner Eric D. Sherman and Associate Jared D. Newman, both members of Pryor Cashman’s Real Estate Litigation Group.